JUDGMENT 1. - Heard learned counsel for the parties. 2. It is contended on behalf of the appellants that the appellants have been acquitted by the trial Court under Section 304-B I.P.C. and they have been convicted under Section 306 I.P.C. to seven years' rigorous imprisonment and under Section 498-A I.P.C. to three years' rigorous imprisonment. They are in judicial custody since 29.9.2007, therefore, they have already remained in custody for more than three years and nine months, whereas disposal of the appeal is likely to take time, looking to long pendency of old criminal cases, wherein accused persons are in jail and also on bail. He also referred the statements of prosecution witnesses as well as doctors and submitted that looking to all the facts and circumstances of the present case, the sentence of imprisonment of the appellants may be suspended during pendency of this appeal. 3. Learned Public Prosecutor as well as learned counsel for the complainant opposed the bail application contending that the complainant has already filed appeal before this Court against order of acquittal of the appellants under Section 304-B I.P.C. and the same has been admitted, therefore, the fact of acquitting the appellants from offence under Section 304-B I.P.C. by the trial Court should not be taken into consideration, while granting bail. They further submitted that the appellants were not on bail during trial, therefore, their bail application may be dismissed. 4. I have considered submissions of learned counsel for the parties and examined prosecution evidence and other record of the case and after considering the same, but without expressing any opinion on merits and demerits of the case, I am inclined to allow this bail application and the same is, hereby, allowed. 5. It is directed that sentence of imprisonment of appellants namely (1) Navin Gaur S/o. Shri Jagdish Prasad Gaur and (2) Jagdish Prasad S/o. Shri Ramdayal Gaur passed by Additional Sessions Judge (Fast Track) No. 1, Ajmer vide impugned judgment dated 10.2.2011 in Sessions Case No. 6/2008 shall remain suspended during pendency of this appeal and they shall be released on bail provided, each of them furnishes a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousands) with two sureties of Rs.
50,000/- (Rupees Fifty Thousands) with two sureties of Rs. 25,000/- (Rupees Twenty Five Thousands) each to the satisfaction of the trial Court to appear before this Court on 1.6.8.2011 and as and when they are called upon to do so.Bail application allowed. *******