S.B. Criminal Misc. Bail Application No.135/2007 in S.B. Criminal Revision Petition No. 593/2007 (Abdul Gaffur Vs. State of Rajasthan) Date of Order: August 10, 2007 HON'BLE MR. H.R. PANWAR, J. Mr. Amitabh Acharya, for the petitioner. Mr. V.R. Mehta, Public Prosecutor for the State. Heard learned counsel for the petitioner and the Public Prosecutor for the State. Perused the judgment and order impugned of the courts below. Learned counsel for the petitioner submits that the occurrence took place while the deceased was in the process of crossing the road on the National Highway. From the site map EX.P/4, it appears that the road where the accident occurred, is having the width of 30 feet and thus it is a Highway and the occurrence also alleged to have taken place almost in the centre of the road. The sole eye witness PW 3 Devi Lal admitted that the accident occurred while the deceased was in the process of crossing the road and, therefore, from this evidence, it cannot be said that the petitioner, the driver of the vehicle, was negligent. I have carefully gone through the site map EX.P/4 and the statement of the sole eye witness PW 3 Devi Lal, who admitted in the cross-examination that it is true that at the time of the accident, the deceased was in the process of crossing the road. Thus, there is an arguable point involved in the revision petition. Admit. Heard learned counsel for the parties on the application for suspension of sentence. Having considered the totality of the facts and circumstances of the case and keeping in view the site map EX.P/4 and the statement of PW 3 Devi Lal, I think is just and proper to suspend the substantive sentence of imprisonment awarded to the accused-petitioner. Accordingly, the bail application filed under Section 397 (1) Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the trial court and affirmed by the learned Additional Sessions Judge No.1. Bhilwara, vide judgment dated 28-6-2007 in Criminal Appeal No. 36/2007 against applicant- petitioner Abdul Gaffur S/o Ahmed shall remain suspended till final disposal of the aforesaid revision petition, provided he executes a personal bond in the sum of Rs.20,000/- with two sureties of Rs.10,000/- each to the satisfaction of the learned trial Judge for his appearance before this Court on 17-9-2007 and whenever ordered to do so with the incorporation in the bond that as and when he will shift his place of residence, he will intimate to this Court and his lawyer about his new place of residence. (H.R. PANWAR), J. mcs