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2010 DIGILAW 590 (RAJ)

Bachhan Singh v. The State of Rajasthan

2010-03-15

C.M.TOTIA, GOVIND MATHUR

body2010
JUDGMENT 1. While pressing this application it is contended by learned counsel for the applicants that as per the statements of PW-1 Panna, PW-2 Khairaj and PW-5 Rajendra the head injury which was held as the cause of death was given by Shyama Bai and not by the present applicants. It is also contended that as per the evidence available the accused persons took the deceased to the hospital being a part and parcel of their family. 2. Learned Public Prosecutor has opposed this application on the count that this Court has already rejected an application preferred by co-accused Smt. Rajkumari in the month of September 2009. It is also stated that the accused applicant Bhagat Singh gave a lathi blow on arm that resulted into a fracture. 3. We have considered the arguments advanced. So far as the rejection of the application preferred by co-accused Smt. Rajkumari is concerned, that was dismissed as not pressed. Looking to facts and evidence available we are inclined to grant this application for bail. Accordingly, the bail application is allowed and it is ordered that the sentence passed by the learned Addl. Sessions Judge (Fast Track) No.1, Hanumangarh vide his judgment dated 29.6.2009 against appellants Bachhan Singh and Bhagat Singh shall remain suspended till the final disposal of the aforesaid criminal appeal provided he/she/they executes a personal bond in the sum of Rs. 20,000/- along with two sureties in the sum of Rs. 10,000/- each to the satisfaction of the learned Addl. Sessions Judge (Fast Track) No. 1, Hanumangarh for their/his appearance in this Court on 15.4.2010 and subsequently before the trial court on the following conditions 1. That he/she/they will appear before the trial court in the month of January every year till the appeal is decided. 2. That if the appellant(s) change the place of residence, he/she/they will give the changed address in writing to the trial court, High Court as well as to his/her/their counsel in the High Court. 3. Similarly if sureties change their address, they will give in writing their changed address to the trial court. 4. The learned trial court shall keep the record of attendance of the accused appellant(s) in a separate file. Such file be registered as Criminal Misc. Case related to the Sessions Case in which the accused appellant(s) was/were tried and convicted. 3. Similarly if sureties change their address, they will give in writing their changed address to the trial court. 4. The learned trial court shall keep the record of attendance of the accused appellant(s) in a separate file. Such file be registered as Criminal Misc. Case related to the Sessions Case in which the accused appellant(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 appellant(s) do/does not appear before the trial court, the learned trial judge shall report the matter to the High Court for cancellation of bail.Bail allowed - Sentence suspended - Direction given to maintain separate file in respect of appellants. *******