- (1.) Heard learned counsel for the applicant-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. Having regard to the facts and circumstances of the case and the fact that the allegation against the applicantappellant is under Section 109 IPC and prosecutrix also appears to have turned hostile, I think it just and proper to suspend the substantive sentence of imprisonment awarded to the accused appellant-applicant.
(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, (Fast Track) No.1, Udaipur vide judgment dt. 03.5.2006 in sessions case No.161/05 against applicant-appellant Hemlata alias Hema W/o Bhagwati Lal Choubisa shall remain suspended till final disposal of the aforesaid appeal provided she 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 her appearance before this court on 19/7/2006 and whenever ordered to do so with the incorporation in the bond that as and when she will shift her place of residence, she will intimate to this Court and her lawyer about her new place of residence.;