BHERULAL DHAKAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard. Admit. Issue notice. Record has already been received Learned Public Prosecutor accepts notices on behalf of respondent No.1-State. Heard learned counsel for the parties on Misc. Bail Application (Suspension of Sentence) No.1538/2023. Learned counsel for the appellants submits that the appellants were on bail during the trial and hearing of the appeal will take sufficiently long time, therefore, the sentence of the appellants may kindly be suspended. Learned Public Prosecutor opposed the prayer made by the counsel for the appellants.

(2.) Upon a consideration of the arguments advanced on behalf of the appellants and having regard to the facts and circumstances of the case, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused appellants. Accordingly, the application for suspension of sentence filed under Sec. 389 Cr.P.C. is allowed and it is ordered that the substantive sentences passed by the learned Additional Sessions Judge No.2, Nimbahera, District Chittorgarh, vide judgment dtd. 20/11/2023 in Sessions Case No.68/2015 (20/15) CIS No.21/2015 against the appellant-applicants, (1) Bherulal Dhakar S/o Bhanwar Lal, (2) Labhchand S/o Bhanwar Lal, (3) Laxmi Narayan @ Lakshmilal Dhakar S/o Motilal, (4) Suresh Dhakar S/o Mathralal, (5) Udayram Dhakar S/o Nanalal and (6) Nanuram Dhakar S/o Sohanlal, shall be suspended till final disposal of the aforesaid appeal subject to the condition that the appellants shall deposit the 50% of the fine amount as imposed by the learned trial Court and he will be released on bail, provided each of them executes a personal bond in the sum of Rs.1,00,000.00 with two sureties of Rs.50,000.00 each to the satisfaction of the learned trial Judge for their appearance in this court on 10/1/2024 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

(3.) Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.