RAMESHWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THESE two applications, on behalf of four accused-persons Rameshwar S/o Dal Chand, Mano @ Man Singh S/o Bissu Ram, Karan Singh S/o Dal chand and Dal Chand S/o Bissu Ram, have been filed under Section 389 of the Code of Criminal procedure for suspension of their sentence of imprisonment awarded by the Additional District and Sessions Judge No. 1, Deeg (Bharatpur) in sessions Case No. 40/2003 (97/2006), during the pendency of this appeal.

(3.) THE learned counsel for the accused and the Public Prosecutor as well as the counsel for the complainant have argued the case at length and, after considering their submissions in the light of finding of the trial court but without expressing any opinion on merits and demerits of the case, we are inclined to allow the application filed on behalf of accused-persons Karan Singh S/o Dal Chand and Dal chand S/o Bissu Ram; but, so far as the application filed on behalf of accused-persons rameshwar S/o Dal Chand and Mano @ Man Singh s/o Bissu Ram, is concerned, the same is liable to be dismissed. It is, therefore, ordered that the sentence of imprisonment of the accused (1)Karan Singh S/o Dal Chand and (2) Dal Chand S/o bissu Ram (Both Residents of Korer, Police station Deeg, District Bharatpur At present confined in Jail Sewar, Bharatpur) shall remain suspended till final disposal of the appeal and they shall be released on bail, provided each of them furnishes a personal bond in the sum of rs. 50,000/- (Rupees fifty thousand only) with two sureties of the like amount to the satisfaction of the trial court to the effect that they shall appear before this court on 7th february, 2009 and as and when called upon to do so.