Hari Singh And Others vs State Of Rajasthan

Uma Shanker Vyas, J

Heard learned counsel for the parties on the application filed for suspension of sentence and perused the entire material available on record.

Learned counsel for the accused-applicants submits that there is no reliable and legally acceptable evidence to hold the accused-applicants guilty for the alleged offence(s) and there is every likelihood of succeeding in the criminal appeal. Learned counsel further submits that accused-applicants were on bail during trial and their sentences have already been suspended by the learned trial Court. He further submits that final hearing of the appeal is likely to take time thus sentence of the accused-applicants may be suspended.

Learned Public Prosecutor has vehemently opposed the prayer regarding suspension of sentence.

I have considered the submissions made by learned counsel for the parties.

Without commenting upon the merits/demerits of the case and considering the arguments advanced by the parties, this Court deems it just and proper to suspend the sentence awarded to the applicants.

Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded by the learned trial Court against the accused-applicants namely, 1.Hari

Singh S/o Mohan Lal, 2.Mitthan Lal S/o Mohan Lal, 3.Dharm Singh S/o Hatturam, 4.Rameshwari Devi W/o Jagdish & 5.Gulab Devi W/o Mohan Lal in Sessions Case (B.T.) No.51/2020 (24/2012) shall remain suspended during pendency of the appeal and they shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- along with two sureties in the sum of Rs.50,000/- each to the satisfaction of the learned trial Court with the stipulation that they shall appear before this court on 11th July, 2022 and thereafter as and when called upon to do so.