1. Heard.
2. It is submitted by counsel for the appellant that there is no specific allegation against the appellant to inflict injury upon vital part of body and the allegation is to inflict injury upon arm and said injury is not cause of death. The specific allegation is against Jayanti and he has been already enlarged on bail, therefore, the sentence awarded to the appellant may kindly be suspended.
3. Learned Public Prosecutor vehemently opposed the bail application for suspension of sentence and submitted that it is a very serious matter and appellant is not entitled to be released on bail.
4. Upon a consideration of the arguments advanced on behalf of the appellant, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused appellant.
5. Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C is allowed and it is ordered that the sentences passed by the learned Addl. Sessions Judge, Dungarpur vide judgment dated 12.8.2015 in Sessions Case No. 77/2013 against the appellant applicant Babul al S/o Ramuji Katara, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes a personal bond in the sum of Rs. 50,000/- with two sureties of Rs. 25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 28.04.2016 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.
2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.
3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.
6. The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was/were 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 applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.