- (1.) AN application on behalf of applicants Munnavar Khan @ Manuvvar, Mohd. Aslam and Sameer Mandal under Section 389 Cr.P.C. has been moved for grant of suspension of sentence against the judgment and order dated 26.10.2009 passed by learned additional Sessions Judge No.1, Jaipur City, Jaipur in sessions case no. Criminal Case No.72/2009 (193/07) whereby applicants have been convicted for the offence under Sec.399, 402, IPC and sentenced to maximum period of 3 years' rigorous imprisonment along with fine. Learned counsel for the appellants submits the the accused applicants have been acquitted for the offence u/s 4/25 of Arms Act and all the accused-applicants were on bail during trial and looking to the nature of offence and quantum of sentence, they 2 deserve to be granted benefit of grant of bail.
(2.) LEARNED Public Prosecutor opposed the bail application. Heard learned counsel for the applicants, 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-applicants named above. Accordingly, the bail application is allowed and it is ordered that the sentence passed by learned trial court against the applicants Munnavar Khan @ Manuvvar, Mohd. Aslam and Sameer Mandal in Cr. Case No.72/2009 (193/07) shall remain suspended till the final disposal of aforesaid criminal appeal provided each of them furnishes a personal bond in the sum of Rs.40,000/- with one surety of like amount to the satisfaction of the learned trial 3 court for their appearance in this court on 4.1.2010 and whenever called upon to do so.;