SHEOJI RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the appellants as well as learned Public Prosecutor and perused the impugned judgment.

(2.) Learned trial court vide its judgment dated 28.6.2001 convicted the accused appellant Sheoji Ram for offence under Sections 148, 324/149 and 323/149 Indian Penal Code and the accused appellants Hanuman, Bhopal Singh, Har Lal Singh and Sunda Ram for offence under Sections 148, 324/149 and 323 IPC. Instead of sending the appellants to jail, learned trial court extended benefit of Probation of Offenders Act and directed release of the appellants on their executing personal and surety bond in the sum of Rs. 5,000.00 each to the satisfaction of the trial court for keeping peace for a period of two years and on depositing Rs. 4500.00 each (Total Rs. 22,500.00) towards compensation out of which Rs. 7,000.00 are to be paid to each of the injured Sardar, Ram Chandra and Maggu Ram and the rest of the amount i.e. Rs. 1500.00 are to be deposited towards litigation expenses. On the date of judgment itself, an application on behalf of the appellant was moved for giving them time to file appeal against the judgment of conviction and for obtaining stay order. The trial court by a separate order dated 28.6.2001 granted time to the appellants up to 14.8.2001 for seeking stay order or for depositing the amount of compensation. It seems that the appellants have not deposited the amount of compensation as yet. Since the appellants have not complied with the orders of the trial court for a considerably long time, I am of the opinion that no case for stay is made out. Hence, this stay application is, dismissed.

(3.) It is open for the trial court to realise the amount of compensation in accordance with law. In case the amount of compensation is realised by the court or the same is deposited by the appellants themselves, the same shall not be disbursed to the injured persons till final disposal of the appeal. petition disposed of.