D.B. Cr. Misc. Bail(SOS) Application No. 4/2009 Ashok Kumar Vs State 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Misc. Bail Application No. 4/2009 (Suspension of Sentence) In D.B. Criminal Appeal No. 5/2009 Ashok Kumar Vs. State of Rajasthan. Date of Order: 27.08.2010 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN HON'BLE DR. JUSTICE MRS. MEENA V. GOMBER Mr. Devendra Kumar Bhardwaj, for the appellant. Mr. J.R. Bijarnia, Public Prosecutor, for the State. Heard learned counsel for the parties. It is contended on behalf of the appellant that report was lodged after a delay of four days, which has not been explained properly by the prosecution; there were total five eye-witnesses, but only 2 eye-witnesses were examined, which were also declared hostile. Remaining 3 eye-witnesses were not examined on behalf of the prosecution. Learned counsel for the appellant also read the statements of other prosecution witnesses and contended that it was not the appellant, who killed the deceased, therefore, looking to all the facts and circumstances of the case, the sentence D.B. Cr. Misc. Bail(SOS) Application No. 4/2009 Ashok Kumar Vs State 2 of imprisonment of the appellant awarded by the trial court may be suspended during pendency of the appeal. Learned Public Prosecutor has opposed the bail application. After considering all the facts and circumstances of the case and submissions of learned counsel for the parties, but without commenting anything on merits and demerits of the case, we are inclined to allow this application and the same is hereby allowed. It is directed that sentence of imprisonment of accused-appellant Ashok Kumar S/o Vinod Kumar passed by Additional District and Sessions Judge(Fast Track) Laxmangarh, District Alwar vide judgment dated 12.12.2008 in Sessions Case No. 01/2008 shall remain suspended during the pendency of the appeal and he shall be released on bail provided he furnishes a personal bond in the sum of Rs. 1,00,000/-(Rupees One Lakh) with two sureties of Rs. 50,000/-(Rupees Fifty Thousands) each to the satisfaction of the trial court to appear before this Court on 27.09.2010 and as and when he is called upon to do so. (MEENA V. GOMBER),J. (NARENDRA KUMAR JAIN),J. Manoj Item No.14.