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Judgment
Heard learned counsel for the parties and perused the
impugned order.
Learned counsel for the appellants has submitted that the
allegation of firing gun shot is against accused appellant Shyam
Singh. It is also contended that none of the prosecution witnesses
has alleged that the other co-accused persons namely Khinv
Singh, Surendra alias Saidiya, Dalip Kumar and Jeetu Singh @
Jitendra had fired any gun shot, resulted into an injury dangerous
to life to the injured Ratan Lal (PW-1). It is also contended that a
pistol was also recovered from accused appellant Shyam Singh.
Learned Public Prosecutor has opposed the application for
suspension of sentence.
Taking into consideration the overall facts and circumstances
of the case, this Court is not inclined to grant application for
suspension of sentence filed on behalf of the accused appellant
Shyam Singh son of Khinv Singh.
Accordingly, the application for suspension of sentence filed
on behalf of the accused appellant Shyam Singh son of Khinv
Singh is dismissed.
Having considered the facts and circumstances of the case
and substantial grounds in the appeal, this Court is of the opinion
that there are strong grounds for challenging the judgment of
conviction and as hearing of the appeal is likely to take time, this
Court is inclined to suspend the sentence awarded to the
appellants - Khinv Singh, Surendra alias Saidiya, Dalip Kumar and
Jeetu Singh alias Jitendra.
Accordingly, this application for suspension of sentence is
partly allowed and it is directed that the sentence awarded to
appellants - Khinv Singh son of Bheru Singh, Surendra alias
Saidiya son of Babulal, Dalip Kumar son of Rameshwar Lal and
Jeetu Singh alias Jitendra son of Jethu Singh by the Addl. Sessions
Judge, Rajgarh, District Churu by judgment dated 10.2.2017 shall
remain suspended till final disposal of the aforesaid appeal
provided each of them executes a personal bond for a sum of
Rs.50,000/- along with two solvent sureties in the sum of
Rs.25,000/- each to the satisfaction of the learned trial court for
their appearance before this Court on 28.4.2017 and whenever
called upon to do so till the disposal of the appeal on the
conditions inidcated below:-
(1) That he/she/they will appear before the trial court in the month of January of every year till the appeal is decided.
(2) That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial court as well as to the counsel in the High Court.
(3) Similarly, if the sureties change their address(s), they will give in writing their changed address(s) to the trial court.
The learned trial court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/were tried and convicted. A copy of this
order shall also be placed in that file for ready reference. Criminal
Misc. file shall not be taken into account for statistical purpose
relating to pendency and disposal of cases in the trial court. In
case the said accused-applicant(s) does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.