- (1.) AN application on behalf of applicant ANwar Hussain under Section 389 Cr.P.C. has been moved for grant of suspension of sentence against the judgment and order dated 17.11.2009 passed by learned Additional Sessions Judge No.1, Ajmer in Criminal Case No.20/2009 whereby applicant has been convicted for the offence under Sec.3/25, Arms Act and sentenced to maximum period of one year's rigorous imprisonment along with fine.
(2.) LEARNED counsel for the applicant submits that accused-applicant is in custody for last 7 months ever since his arrest and that he has been acquitted for the offence u/s 399 IPC along with other four co-accused and looking to the nature of offence and quantum of sentence, he deserves to be granted benefit of grant of bail. Learned Public Prosecutor opposed the bail application. Heard learned counsel for the applicant, learned Public Prosecutor for the State and perused the relevant material placed before me. Taking into consideration the entire facts and circumstances of the case and without expressing any opinion on the merits of the case, I am inclined to suspend the sentence awarded to the accused-applicant named above. Accordingly, the bail application is allowed and it is ordered that the sentence passed by learned trial court against the applicant Anwar Hussain S/o Shri Jagir in Cr. Case No.20/2009 shall remain suspended till the final disposal of aforesaid criminal appeal provided he furnishes a personal bond in the sum of Rs.20,000/- with one surety of like amount to the satisfaction of the learned trial court for his appearance in this court on 4.1.2010 and whenever called upon to do so.;