1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CRL APP BAIL No. 1195 of 2007 IN CRL APPEAL No.803 of 2007 PALA RAM V/S STATE Mr. MRIDUL JAIN, for the appellant / petitioner Mr. JPS CHOUDHARY, PP Date of Order : 9.7.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI KISHAN SWAROOP CHAUDHARI,J. ORDER ----- Heard learned counsel for the appellant Pala Ram, and the Public Prosecutor. We have gone through the statements of the two eye-witnesses, P.W.3, P.W.5, I.O. P.W.13, the informant P.W.1 Mohan Lal, the father of the deceased, and had also gone through the post mortem report, which doesn't show any sharp weapon injury to be on the person of the deceased, while the case of the eye-witnesses is that the appellant was having Kandala, a sharp edged weapon. Then according to the prosecution (Ex.P.25), the weapon was recovered on the information of, and at the instance of the accused, while according to P.W.1, the weapon was lying broken on the site, and was recovered by the police there-from. That apart, we have also considered Ex.D.5, D.6 in conjunction 2 with the totality of circumstances, and the fact that the appellant was on bail during trial, in our view, in the totality of circumstances, we deem it proper to suspend the sentence awarded to the appellant. Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C is allowed, and it is ordered that the sentence passed by the learned Addl. Sessions Judge, Srikaranpur, District Sri Ganganagar in Sessions Case No.14/2004 vide his judgment dated 17.9.2007 against the accused–applicant Pala Ram S/o Bhoora Ram shall remain suspended till the final disposal of the aforesaid criminal appeal provided he furnishes a personal bond in the sum of Rs.20,000/-, and two sound and solvent sureties of Rs.10,000/- each to the satisfaction of the learned trial court for his appearance before this Court on the conditions indicated below: - (i) That he will appear before this Court on 8.8.2008. (ii) That he will appear before the trial court in the months of January and June of every year till the appeal is decided. (iii)That if the applicant changes the place of residence, he will give in writing his changed address to the trial court as well as to his counsel in the High Court. (iv)Similarly, if the sureties change their address(s), they will give in writing their changed address to the trail court. The learned trial court shall keep the record of 3 attendance of the accused-applicant in a separate file. Such file be registered as Cr. Misc. Case related to Sessions Case in which the accused-applicant 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. In case the said accused applicant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail. ( KISHAN SWAROOP CHAUDHARI ),J. ( N P GUPTA ),J. /tarun/