D.B. CRL. MISC. BAIL APPLICATION NO. 687/2008 in D.B CRIMINAL APPEAL NO. 100/2008 Date : 22.07.2008 HON'BLE MR. PRAKASH TATIA, J. HON'BLE MR. SANGEET LODHA, J. Mr. Sandeep Mehta, for the applicant. Mr. V.R. Mehta, P.P. - - - - - Heard learned counsel for the applicant, learned Public Prosecutor. Originally, three accused were proceeded for trial for charge under Section 302, 302/120-B as well as for charge under Section 201 IPC. The two accused have been acquitted by the Court whereas applicant has been convicted. Learned counsel for the applicant submitted that originally there was no allegation against the applicant for commission of the offence but he has been convicted only on the basis of the fact that document of his some property was found in the locker of the deceased and on the basis of fact that prosecution alleges that at his instance, body was recovered from the Well. We perused the record and after going through the relevant evidence, we deem it just and proper to suspend the sentence of accused applicant. 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 Additional Sessions Judge (Fast Track)No.2, Jodhpur in Sessions Case No. 14/2006 vide his judgment dated 25.1.2008 against the accused – applicant Heera Ram S/o Harji Ram shall remain suspended till the final disposal of the aforesaid criminal appeal provided he furnishes a personal bond in the sum of Rs.30,000/- and two sound and solvent sureties of Rs.15,000/- 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 28.08.2008. (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 change 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,they will give in writing their changed address to the trail court. The learned trial court shall keep the record of 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- applicants were 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. (SANGEET LODHA ), J. (PRAKASH TATIA), J. Praveen