Satish And Ors vs State Of Rajasthan

Learned Public Prosecutor has chosen not to file reply to this application for suspension of sentences and proposes to argue the matter orally.

Heard learned counsel for the applicants-appellants and learned Public Prosecutor. Perused the material available on record.

The applicants-appellants herein stand convicted for the offences under Sections 341, 323, 324/34, 326/34 and 307/34 IPC vide judgment dated 26.06.2019 passed by the learned Sessions Judge, Dungarpur in Sessions Case No.126/2017 (CIS No.126/2017).

As per the evidence of the injured Rakesh S/o Shri Shankarlal Rot, the grievous sharp weapon injury caused to him on the head is specifically attributed to the co-accused Rajesh @ Raju. The applicants-appellants were allegedly armed with lathis. All the blunt weapon injuries noticed on the person of the injured Rakesh were opined to be simple in nature.

In view of the above facts and circumstances, this Court is inclined to accept the instant application for suspension of sentences and grant indulgence of bail to the applicants-appellants during pendency of the appeal. Accordingly, the instant application for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by learned Sessions Judge, Dungarpur vide judgment dated 26.06.2019 in Sessions Case No. 126/2017 (CIS No.126/2017) against the appellants-applicants (1) Satish S/o Raju @ Rajesh Katara & (2) Jitendra @ Jeetu S/o Raju @ Rajesh, shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail, provided they deposit a sum of Rs.25,000/-each with the trial court. The amount of Rs.50,000/- (in all) upon being deposited by the applicants-appellants with the trial court, shall be paid to the injured Rakesh by way of interim compensation under Section 357 Cr.P.C. Both the applicants-appellants shall also execute a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance in this Court on 14.10.2019 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.

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.