JUDGMENT 1. We have heard learned counsel for the appellant, learned Public Prosecutor and perused the record. 2. While pressing this application, it is contended by learned counsel for the applicant that in the statement given by PW-4 Amaddeen, the allegations are quite omnibus and no allegation as a matter of fact is leveled upon the present applicant. Beside the statement of eye-witness, the evidence available is a recovery of blood stained pent, but that cannot be connected with the applicant as the blood stains found thereon though are of human nature, but its group has not been determined and the result of serological examination is inconclusive. It is also submitted that in the instant matter the body of the alleged deceased too was not recovered. 3. Having considered the arguments advanced and further ancillary facts and circumstances, we are inclined to suspend the sentence of the appellant/applicant(s). 4. Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence passed by the learned Addl. Sessions Judge (Fast Track) No. 2, Bikaner vide his judgment dated 17.1.2007 against the applicant Babu Ram S/o Shri Nenuram shall remain suspended till final disposal of the aforesaid criminal appeal provided he/she/they executes a personal bond in the sum of Rs. 20,000/- along with two sureties in the sum of Rs. 10,000/- each to the satisfaction of the learned Addl. Sessions Judge, (Fast Track) No. 2, Bikaner for his/her/their appearance in this Court on 27.6.2011 and subsequently before the trial Court on the following conditions : (1) That he/she/they will appear before the trial Court in the month of January every year till the appeal is decided. (2) That if the appellant(s) change the place of residence, he/she/they will give the changed address in writing to the trial Court, High Court as well as to his/her/their counsel in the High Court. (3) Similarly if sureties change his/her/their address, they will give in writing his/her/their changed address to the trial Court. 5. The learned trial Court shall keep the record of attendance of the accused appellant(s) in a separate file. Such file be registered as criminal miscellaneous case related to the Sessions Case in which the accused appellant(s) was/were tried and convicted. A copy of this order shall also be placed in that file for ready reference.
5. The learned trial Court shall keep the record of attendance of the accused appellant(s) in a separate file. Such file be registered as criminal miscellaneous case related to the Sessions Case in which the accused appellant(s) was/were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal miscellaneous 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-appellant(s) do/does not appear before the trial Court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.Application allowed. *******