RAM KUMAR AND ANR. Vs. STATE

JUDGEMENT

(1.) Heard on application under Sec. 389 Cr.P.C. read with Sec. 482 Cr.P.C. It is contended by the learned counsel that the accused Ram Kumar is a Teacher in a Government school and Pyare Lal S/o. Narayana Ram is a Sarpanch of Gram Panchayat Dervala and their conviction requires to be stayed. It is contended that Ram Kumar has already served out the sentence awarded to him under Ss. 325, 147, 147/367, 149, 323/149, 325 IPC, therefore, there is no need to suspend his sentence. According to learned counsel maximum sentence which has been passed in the present matter is 3 years.

(2.) Learned Public Prosecutor opposed the application and the submissions made by the learned counsel for the accused appellants. In the case of Khemraj v/s. State of Rajasthan, 2005 WLC 764 this Court in similar circumstances when conviction was recorded under Sec. 325 IPC, suspended the sentence and stayed the conviction. I find that the instant case is similar to that of Khent Raj's case (supra). The present matter is also not involving moral turpitude, therefore, I deem it just and proper to stay the conviction recorded against both the applicant and deem it proper to suspend the sentence awarded to accused applicant Pyare Lal.

(3.) In the result, the conviction recorded against both the accused appellants is stayed and the sentence awarded to Pyare Lal S/o. Narayana Ram shall remain suspended provided he furnishes a personal bond in the sum of Rs. 30,000/ - with two sureties of Rs. 15,000/ - each to the satisfaction of the learned Additional Sessions Judge (Fast Track No. 3) H.Q. Khetri Jhunjhunu in Sessions Case No. 9/08 (42/00) (112/00) 75/01) (136/06) for his appearance in this Court on 15th October, 2008 and whenever called upon to do so.