HARISH CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant/ applicant has filed an application with the prayer that the conviction recorded by Additional District and Sessions Judge (Fast Track) No. 3, Bharatpur by judgment dated 21.7.2007 in Sessions case No. 139/2005, State v. Badan Singh and. Others against the appellant/ applicant under Sections 323, 308, Indian Penal Code be stayed during the pendency of the appeal.

(2.) Brief facts giving rise to the present application are that on 8.10.2003 an incident took place in which persons on both the sides sustained injuries. Reports were lodged by both the sides and after investigation challans were filed against both the sides. In this case, after trial Additional District and Sessions Judge (Fast Track) No. 3, Bharatpur convicted the appellant applicant and ten others under Sections 323, 308, Indian Penal Code and sentenced them to six months rigorous imprisonment and a fine of Rs. 500/- and in default of payment of the fine further simple imprisonment for one month under Section 323 Indian Penal Code and to three years rigorous imprisonment and a fine of Rs. 2,000/- and in default of payment of the fine further simple imprisonment for six months under Section 308, IPC. In the cross case No. 140/05 (State v. Digambar Singh & Ors.) the Court by judgment passed on the same date convicted seven accused persons under Sections 323, 324, Indian Penal Code and released them on probation under Section 4(1) or the Probation of Offenders Act on executing a bail bond of Rs. 2,000/- and a personal bond in the like amount for keeping peace and maintaining good behaviour for a period of two years. The appellant/ applicant and the ten co-accused filed an appeal and made a prayer therein for suspension of sentence whereupon by order dated 2.8.2007 passed by a coordinate Bench of this Court the sentence was suspended during the pendency or the appeal on each of the appellants furnishing a personal bond in the sum of Rs. 20,000/- together with a surety bond in the like amount to the satisfaction of the Trial Court. The appellant/applicant has now filed this application for stay or conviction.

(3.) Heard learned Counsel for the appellant/applicant and learned Public Prosecutor.