NANDA GURJAR AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Applicants-appellants Nanda, Ratan Lal and Chuttan Lal have applied under Sec. 389 Crimial P.C. for suspension of sentence passed against them along with others vide judgment & order dated 27.2.2002. The sentence of co-accused Hanuman Prasad, Pema Ram, Latuya alias Vijay Singh who were also convicted along with them for the same charge have already been suspended by a Coordinate Bench of this Court vide order dated 23.9.2003 in view of the pronouncement of the Honourable Apex Court in the case of Bhagwan Ram Shinde Gosai Vs. State of Gujarat reported in 1994(4) JT 1 .

(2.) The case of the present applicants appellants being identical to their case the applicants appellants also deserve the same treatment.

(3.) In the result, the application of Nanda, Ratan Lal and Chuttan Lal for suspension of sentence is allowed and it is ordered that the sentence passed against them by the trial court vide judgment dated 27.9.2002 shall remain suspended till the disposal of their appeal provided, each of them furnishes a personal bond in the sum of Rs. 30,000.00 with two sureties in the sum of Rs. 15,000.00 each to the satisfaction of the learned trial Court for their appearance in this Court on 16.2.2004 and thereafter, as and when called upon to do so.