1 S.B.CR.MISC.APPLLICATION FOR SUSPENSION OF SENTENCE NO.43/2008 (Himmat Singh Vs. State of Raj.) IN S.B.CRIMINAL APPEAL NO.256/2007 Date of order :: 23.01.2008 HON'BLE MR. KRISHAN KUMAR ACHARYA, J. Mr.R.S.Chouhan, for the applicant-appellant. Mr.Ashok Upadhyay, Public Prosecutor. Heard learned counsel for the appellant and learned Public Prosecutor on the present application under Section 389 Cr.P.C for suspension of sentence. Learned counsel for the appellant states that the sentence awarded to the accused-appellant was suspended by this Court on 9.4.2007 and the appellant was directed to appear before this Court on 28.5.2007. But he could appear before this Court on the date fixed and therefore, a warrant of arrest was issued against him. Thereafter, he was arrested and was sent in judicial custody on 7.1.2008. Learned counsel for the appellant states that appellant is a poor person and went out of station to earn his livelihood, therefore, he could appear before this Court on the next date. Learned counsel for the appellant prays that looking to the facts and circumstances of the case, one more 2 opportunity may be given to the accused-appellant and sentence awarded to the accused-appellant may be suspended till final disposal of appeal. He will not misuse the bail in future and will remain present before this Court as and when called upon. Learned Public Prosecutor has opposed this application. I have considered the submissions advanced by learned counsel for the parties. The sentence awarded to the accused-appellant was suspended by this Court vide order dated 9.4.2007. The appellant had gone out of station to earn his livelihood, therefore, he could not appear before this Court on the date fixed. Without commenting on the merits of the case, looking to all the facts and circumstances of the case as also the fact that the sentence awarded to the accused-appellant was suspended by this Court vide order dated 9.4.2007, I deem it just and proper to grant one more opportunity to the accused-appellant to be released on bail. Accordingly, the application under Section 389 Cr.P.C. for suspension of sentence is allowed and it is ordered that the sentence passed by learned Additional Sessions Judge, Nathdwara, District Rajsamand vide his judgment dated 24.03.2007 in Sessions Case No.01/2007 against the accused- 3 appellant Himmat Singh S/o Shri Kalu Singh shall remain suspended till the final disposal of aforesaid appeal provided he executes a personal bond in the sum of Rs. 20,000/- (Rupees twenty thousand only) along with two sureties in the sum of Rs.10,000/- (Rupees ten thousand only) each to the satisfaction of the trial court for his appearance in this Court on 22.02.2008 and whenever called upon to do so. Issue notice to the accused-appellant as well as surety to show cause as to why bail bonds be not forfeited and separate proceedings under Section 446 Cr.P.C. be not initiated against them. (KRISHAN KUMAR ACHARYA), J. NK