- (1.) Heard learned counsel for the appellant and public prosecutor for the State. Perused the judgment and order impugned and record of the trial court. Admit. Issue notice. Mr. J.P.S.Choudhary,P.P. accepts notice on behalf of State.
(2.) Heard learned counsel for the parties on the application for suspension of sentence. It is submitted by the counsel for the applicantappellant that the applicant is in custody for about eight and half months and appeal is not likely to come up for hearing. The grievous injury fracture of Tibia Fibula has been opined by the doctor. Be that as it may, without commenting on the merit of the case, having regard to the facts and circumstances of the case, I think it just and proper to suspend the substantive sentence of imprisonment awarded to the accused appellantapplicant.
(3.) Accordingly, the bail application filed under Sec. 389 Cr.P.C. is allowed and it is ordered that the substantive sentence of imprisonment passed by the learned Additional Sessions Judge, No.2, Chittorgarh vide judgment dt. 21.4.2006 in sessions case No. 61/2005 against applicant -appellant Girdhari Lal S/o Pyaraji Kumawat shall remain suspended till final disposal of the aforesaid appeal provided he executes a personal bond in the sum of Rs. 20,000/- with two sureties of Rs.10,000/- each to the satisfaction of the learned trial Judge for his appearance before this court on 18/7/2006 and whenever ordered to do so with the incorporation in the bond that as and when he will shift his place of residence, he will intimate to this Court and his lawyer about his new place of residence.;