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Judgment
Heard learned counsel for the applicants, learned Public
Prosecutor and learned counsel for the complainant.
Learned counsel for the applicants submits that finding of
learned trial court is totally perverse and there is no documentary
evidence of the prosecution to establish that complainant was
having any right or title upon the land in question, therefore, the
sentence awarded to the applicants may kindly be suspended.
Learned Public Prosecutor and the learned counsel appearing
on behalf of complainant vehemently opposed the prayer made by
the learned counsel for the applicants.
After considering entire facts and considering the evidence,
without expressing any opinion on merits, we deem it appropriate
to suspend the sentence awarded to accused-appellants.
Accordingly, this application for suspension of sentence is allowed
and it is ordered that the sentence awarded by learned Addl.
District & Sessions Judge No.2 Chittorgarh vide judgment dated
07.04.2017 in Sessions Case No.8/2012 against the
applicants/appellants (1) Nagga Ram S/o Roopa Ram, (2) Tulsi
Ram S/o Rudha Ram, (3) Keva Ram S/o Rudha Ram, and (4) Hari
Ram S/o Bheema Rebari, shall remain suspended till the final
disposal of aforesaid appeal and they may be released on bail
provided they execute personal bond in the sum of Rs. 50,000/-
each along with two sureties in the sum of Rs.25,000/- each to
the satisfaction of the trial court for his appearance before this
Court on 03.07.2017 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.
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 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.