- (1.) WE have heard the learned counsel Mr. Shambhoo Singh for the applicant-appellant and the learned Public Prosecutor Mr. K.R. Bishnoi for the respondent-State and perused the record of the case. While pressing this application for suspension of sentence, the learned counsel for the applicant-appellant vehemently contended that the applicant-appellant is an innocent person and has been falsely implicated in this case; that the applicant-appellant is a young boy in about 21 years of age and no purpose would be served with his detention in this case.The learned counsel contended that though the case is set up on circumstantial evidence but then, the prosecution evidence as adduced is not making out a complete unfailing chain of circumstances so as to sustain conviction on its basis; that the prosecution has failed to establish the connectivity of the recovery of mobile with the offence alleged; and that the recovery of other articles, allegedly of the victim, has been disbelieved by the learned Trial Court itself.
(2.) THE learned Public Prosecutor has duly opposed the bail application. Having regard to the circumstances of the case, without commenting on the merits of the case, we are of the opinion that execution of sentence as awarded to the applicant-appellant deserves to be suspended during pendency of this appeal but then, in the overall circumstances with an extra condition than the conditions that are usually imposed by this Court while granting such application regarding frequency of the attendance of the appellant before the Trial Court. Accordingly, the application for suspension of execution of sentence is allowed and it is ordered that the execution of sentence awarded by the learned Sessions Judge, Sirohi in the judgment and order dated 10.08.2011 in Sessions Case No. 31/2011 (Old No. 3/2010) against the applicant-appellant Pratap Ram son of Rajaji shall remain suspended till the final disposal of appeal provided he executes a personal bond in the sum of Rs. 1,00,000/- (Rupees One lac) alongwith two sureties in the sum of Rs. 50,000/- (Rupees Fifty thousand) each to the satisfaction of learned Sessions Judge, Sirohi for his appearance in this Court on 12.07.2012 and subsequently before the Trial Court on the following conditions:- 1. That he will appear before the Trial Court in the first week of the months of January, April, July and October every year till the appeal is decided. 2. That if the appellant change the place of residence, he will give the changed address in writing to the Trial Court, High Court as well as to his counsel in the High Court. 3. Similarly if sureties change their address, they will give in writing their changed address to the Trial Court. The learned 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. In case, the said accused appellant does not appear before the Trial Court, the learned Trial Judge shall report the matter to the High Court for cancellation of bail.;