RAJ KUMAR ALIAS RAJESH PANDIT Vs. STATE

JUDGEMENT

(1.) The accompanying appeal is preferred by the appellants under Section 374 read with Section 482 Criminal Procedure Code against the judgment of conviction dated 11.1.2011 passed by the learned Special Judge, N.D.P.S, Rohini Courts, Delhi, holding the appellants guilty of the offences punishable under Sections 325/34 I.P.C. Vide order on sentence dated 14.1.2011, appellant No. 1 has been directed to undergo rigorous imprisonment for a period of three years with a fine of Rs. 15,000/-, in default of payment of fine, to further undergo rigorous imprisonment for a period of six months, for the offences punishable under Sections 325/34 I.P.C. Appellants No.2 & 3 each have been directed to undergo rigorous imprisonment for a period of two years with a fine of Rs.10,000/-, in default of payment of fine, to further undergo rigorous imprisonment for a period of six months, for the offences punishable under Sections 325/34 I.P.C.

(2.) Counsel for the appellants states that the appellants have remained on hail throughout the trial. He states that the appellants are between the age group of 25 to 30 years and are the only earning members of their respective families and that appellants No. 1 & 2 are married. He also states that there is no other pending case against the appellants except for the present one, and the tines imposed on them in the impugned order on sentence have already been deposited. He therefore states that the sentence imposed on the appellants, which is between two to three years, may be suspended during the pendency of the present appeal.

(3.) In view of the submissions made by the counsel for the appellants, the present application is allowed. It is directed that the sentence imposed on the appellants shall remain suspended during the pendency of the present appeal, subject to their furnishing a personal bond to the tune of Rs. 30,000/- each, with one surety in the like amount each, to the satisfaction of the Trial Court/Duty Magistrate. The application is disposed of.