1 D.B. CRI. MISC. BAIL APPLICATION (SUSPENSION OF SENTENCE) NO.342/2008 (Raghuveer Vs. State of Rajasthan) IN D.B.CRIMINAL APPEAL NO.660/2007 DATE OF ORDER : April 11, 2008 HON'BLE MR. JUSTICE H.R.PANWAR HON'BLE MR. JUSTICE BHANWAROO KHAN Mr.M.K.Garg, for the appellant-applicant. Mr.V.R.Mehta, Public Prosecutor for the State. We have heard learned counsel for the appellant-applicant and Public Prosecutor for the State. Carefully gone through the judgment and order impugned and record of the trial court. It is contended by learned counsel for the applicant- appellant that the fatal injury on the skull of the deceased Mana Ram has been assigned to co-accused Ram Kumar. So far as deceased Mana Ram is concerned, he suffered a single head injury, however, the other injuries are on non-vital part and abrasions. According to the statement of Dr.PW.4 Sunil Singhal, who is one of the Members of the Medical Board, which conducted the autopsy of the deceased. The cause of death of deceased Mana Ram is due to head injury i.e. injury No.1. 2 Having regard to the facts and circumstances of the case and the fact that fatal injury has not been assigned to the present applicant-appellant and the case of the present applicant-appellant is distinguishable from that of co-accused Ram Kumar, without commenting on the merit of the case, we are inclined to allow the application seeking suspension of sentence filed by applicant-appellant under Section 389 Cr.P.C. The application under Section 389 Cr.P.C. for suspension of sentence is accordingly allowed and it is directed that the sentence passed by Additional Sessions Judge (Fast Track) No.1, Hanumangarh vide his judgment dated 31.7.2007 in Sessions Case No.51/2006 against applicant-appellant Raghuveer S/o Sohan Lal shall remain suspended till final disposal of the aforesaid criminal appeal provided he executes a personal bond in the sum of Rs.20,000/- along with two sureties in the sum of Rs.10,000/- each to the satisfaction of the Additional Sessions Judge (Fast Track) No.1, Hanumangarh for his appearance before this Court on 14.5.2008 and subsequently before the trial court on the following conditions:- (1) That he shall appear before the trial court in the month of January every year till the appeal is decided. (2) That if the appellant-applicant changes the place of residence, he shall give the changed address in writing to the 3 trial court, High Court as well as to his counsel in the High Court. (3) Similarly, if sureties change their addresses, they shall give in writing their changed addresses to the trial court. The trial court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case related to the Sessions Case in which the accused-appellant was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. File shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. If the accused-appellant fails to appear before the trial court, the trial court shall report the matter to the High Court for cancellation of bail. (BHANWAROO KHAN), J. (H.R.PANWAR), J. m.asif/-