LAXMAN & OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties and examined impugned judgment and record of the trial court.

(2.) It is contended on behalf of the appellants that appellants were on bail during trial and they did not misuse the liberty granted to them. The main accused in the present case is Sunil, who has been convicted under Section 302 I.P.C. simplicitor. The present applicants have been convicted with the aid of Section 149 I.P.C. He has also referred statements of P.W. 2 and P.W. 3, who are eye-witnesses of the case and submitted that from their statements it is clear that there was no premeditation of mind or motive of the accused-persons, so as to commit present offence, therefore, looking to all the facts and circumstances of the case, the sentence of imprisonment of the appellants awarded by the trial court may be suspended during pendency of the appeal.

(3.) Learned Public Prosecutor opposed the bail application.