MAHENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD the learned counsel for the parties and after considering their submissions, we find that there is direct evidence of last seen against co -accused Leelaram and Rakesh. So far as present accused -appellant is concerned, there is evidence against him for recovery of the vehicle. Therefore, we find that the case of present appellant is distinguishable from the case of co -accused persons namely, Leelaram and Rakesh, however, without expressing any opinion on the merits and demerits of the case, we are inclined to allow the application and the same is hereby allowed. It is, therefore, directed that sentence of imprisonment of accused -appellant Mahendra Singh S/o Devaram, R/o Dayal Ka Nagala, P.S. Patan, District Sikar, passed by the Additional Sessions Judge (Fast Track) No. 3, Headquarter Khetri, District Jhunjhunu vide impugned judgment dt. 31.07.2008 in Sessions Case No. 5/2007(37/2006) shall remain suspended during pendency of the appeal and he shall be released on bail provided he furnishes a personal bond in the sum of Rs. 50,000/ - (Rs. Fifty thousand) with two sureties of Rs. 25,000/ - (Rs. Twenty five thousand) each to the satisfaction of the trial Court to appear before this Court on 13.09.2010 and as and when they are called upon to do so.