SARNAM & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the accused appellants and learned Public Prosecutor for the State on the prayer for suspension of sentence awarded to the accused appellants Sarnam and Jagish, who have been found guilty for the offence under section 392 IPC and sentenced to undergo seven years rigorous imprisonment and fine of Rs. 1,000/-, and perused the judgment as well as record of the Court below.

(2.) IT is contended that they have been falsely implicated in this case and according to the FIR only three persons were involved and thereafter the police has implicated five persons. It is also submitted that nothing has been recovered from the possession of these two accused petitioners Sarnam and Jagdish and they have not been identified by the witnesses in the court. It is also submitted that the alleged robbery is only of edible items and about of rupees five hundred. Reliance has been placed on the judgment Dana Yadav @ Dahu and others v. State of Bihar, reported in 2002(4) RCR(Criminal) 314 : AIR 2002 SC 3325 : 2002(4) Crimes 307 : 2002(2) WLC (SC) Criminal 664, it is further submitted that the accused appellants Sarnam and Jagdish are at present in jail.

(3.) TAKING into consideration the entire facts and circumstances, without expressing any opinion on the merits and also keeping in view that final disposal of the appeal, would take sufficient time, I think it just and proper to suspend the sentence of imprisonment awarded to the accused appellants Sarnam and Jagdish till disposal of this appeal and to release them on bail.