Satpal S/o Shri Bhanwarlal vs The State of Rajasthan

Heard learned counsel for the accused applicant/appellant,

learned Public Prosecutor and learned counsel for the complainant.

It is submitted that the conviction of appellant is based upon

the evidence of last seen and recovery of a torch and the motive

has not been proved, therefore, the co-accused, Reshmi, was

acquitted by the learned trial court. There is no other evidence to

connect the accused with the crime, therefore, the finding of learned trial court deserves to be quashed and during pendency of

the appeal, the sentence awarded to the appellant 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 applicant.

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, Rajgarh, District Churu vide judgment

dated 09.03.2017 in Sessions Case No.11/2013 against the

applicant/appellant, Satpal S/o Shri Bhanwarlal, shall remain

suspended till the final disposal of aforesaid appeal and he may be

released on bail provided he executes personal bond in the sum of

Rs. 50,000/- 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.

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.