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2004 DIGILAW 149 (RAJ)

Mangal Ram S/o Harsahai Yadav v. State of Rajasthan

2004-01-30

HARBANS LAL

body2004
JUDGMENT 1. - Heard and perused the impugned judgment dated 7.11.2003 as well as the relevant record. 2. Learned Addl. Sessions Judge (Fast Track) Behror has convicted applicants-Ram Singh and Leela Ram for the offences under sections 307, 325 read with Secs. 149, 148 and 323 Indian Penal Code and Rata Nath and Sube Singh for the offences under sections 307/149, 325, 148 and 325 Indian Penal Code and applicant-Mangal Ram for the offence under sections 307/149, 325/149, 148 and 323 Indian Penal Code. The maximum sentence awarded to them is rigorous imprisonment for 4 years and fine. 3. Learned counsel for applicants has submitted that the cross case lodged by the accused is still pending trial. Six persons of the accused side have received injuries and two of them have received grievous injuries. There was a free fight between the parties as per the evidence on record. There is no likelihood of their appeal being heard and disposed of in near future. 4. Learned Public Prosecutor as well as learned counsel for complainant have candidly stated at the bar that they do not oppose the application for suspension of sentence of applicant-Mangal Ram, Ram Nath and Sube Singh. But they have opposed the application of Ram Singh and Leela Ram who have been convicted for the substantive offence under section 307 Indian Penal Code. 5. Considering the submissions made at the bar, the nature of offences found proved against them, the evidence on record, the period of sentence awarded to them, the fact that they were on bail during trial and there is no prospect of their appeal being heard and disposed of in near future, I deem it just and proper to suspend their sentence during the pendency of their appeal. 6. In the result, the application of suspension of sentence of applicants-Ram Singh, Leela Ram, Mangal Ram, Ram Nath and Sube Singh is allowed and it is, therefore, ordered that the execution of the sentence awarded to them by the learned trial Court shall remain suspended till the final disposal of the appeal provided each of them furnishes a personal bond in the sum of Rs. 20,000/- with one surety each in the like amount to the satisfaction of the learned trial Court to appear before this Court on 3.3.2004 and thereafter on each and every date of hearing unless otherwise directed.Application allowed. *******