SOSA 696/09 //1// In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur. ** S.B. Cr. Misc. Bail (Suspension of Sentence) Application No..696/2009 In S.B. Criminal Appeal No.673/2009 Surendra Singh alias Bhaya & anr. Versus State Date of Order ::: 30/09/2009 Hon'ble Mr. Justice Guman Singh. Mr. RP Vijay, for accused-applicants. Mr. Sanjeev Kr. Mehla, PP Heard counsel for the accused-applicants as well as learned Public Prosecutor for the State and perused the material made available. Application has been filed by the accused- applicants under Section 389 Cr.P.C. for suspension of sentence. Learned counsel for the accused-applicants submits that the court below has convicted all the accused-applicants for offence under Section 394/34 IPC and sentenced to undergo five years rigorous imprisonment with fine. Learned counsel for the accused-applicants further submits that there is allegation of snatching one mobile hand set and there is also allegation of causing knife injury to one Man Preet Singh who came to rescue the complainant Avdesh Sharma but the allegations are unfounded as there has been no intention of the accused- applicants to commit robbery or to cause knife injury for the sake of mobile hand set and the mobile hand set was recovered from Avdesh Pareek. Learned counsel for the accused- applicants invited attention of the Court towards the statement of Man Preet Singh, which is at Page No. 6 of the impugned judgment SOSA 696/09 //2// wherein the alleged injury is stated to have been caused to Man Preet Singh while he tried to intervene to save the complainant. Learned counsel for the accused-applicant submits that looking to the nature of allegation and the nature of evidence adduced, the benefit of suspension of sentence be granted as the accused-applicants are in custody from 15/06/2009 and also the fact that they have been acquitted for the offence under Section 307 IPC. Per contra learned Public Prosecutor opposed the bail but considered the factual aspects of the case. In view of the submissions advanced by counsel for the accused-applicants, without commenting on the merits of the case, I deem it proper to grant indulgence of suspension of sentence to the accused-applicants. It is, therefore, ordered that the sentence of the accused-applicants (1) Surendra Singh alias Bhaya son of Chain Singh and (2) Hitesh Bulwani alias Illu son of Asharam awarded by the Additional Sessions Judge (Fast Track) No.2, Kota in Sessions Case No. 134/2008, titled as State Vs. Surendra Singh @ Bhaya and others, vide his judgment dated 15/06/2009 shall remain suspended during the pendency of appeal, provided each of them furnishes a personal bond in the sum of Rs. 50,000/- with two sureties in the amount of Rs. 25,000/- each to the satisfaction of the learned lower court with the stipulation to appear before this Court on 30/10/2009 and thereafter whenever called upon to do so. (Guman Singh), J. Raghu-696sosa2009-final.doc SOSA 696/09 //3//