1. Heard.
2. It is submitted by the counsel for applicant appellant that as per prosecution case, only one injury by stone was caused by the appellant and that injury was not cause of death of deceased. Further it is submitted that appellant is a woman and she was on bail during trial, therefore, the sentence awarded to the appellant may be suspended.
3. Learned Public Prosecutor vehemently opposed the application for suspension of sentence.
4. After considering the grounds taken in the application for suspension of sentence, we are of the opinion that it is a fit case to suspend the sentence awarded to the applicant.
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 Additional Sessions Judge, Rajsamand vide judgment dated 29.09.2015 in Sessions Case No. 25/2014 against the appellant applicant Smt. Babari Bai W/o Prithvi Singh shall remain suspended till final disposal of the aforesaid appeal and she shall be released on bail, provided she 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 26.02.2016 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.
7. 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.