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2014 DIGILAW 1046 (RAJ)

Ramnath @ Munni Nath v. State of Rajasthan

2014-04-29

BANWARI LAL SHARMA, DINESH MAHESHWARI

body2014
JUDGMENT 1. The learned counsel for the applicants submits that execution of sentence awarded to co-accused Kesar Nath has been ordered to be suspended by an order dated 06.12.2013, as passed in D.B. Criminal Misc. 2nd Bail (SoS) Application No. 1257/2013. The learned counsel submits that the allegations against all the accused persons are of generalised and omnibus nature and no specific role has been assigned to any of the accused persons nor any specific injury on any vital part is attributable to the applicants. It is further submitted that the applicants are in custody since the month of February, 2008 and no useful purpose would be served with further detention of the applicants in this matter, particularly when the disposal of the appeal is likely to take longer time. 2. The learned Public Prosecutor and the learned counsel for the D.B. Criminal Misc. 2nd Bail (SoS) Application No. 265/2014 complainant have duly opposed the bail application with reference to the findings of the learned Trial Court. 3. After having heard the learned counsel and having examined the record, of course, without any expression on the merits of the case, we deem it just and proper that execution of substantive sentences awarded to the applicants be suspended during pendency of this appeal. 4. Accordingly, this application for suspension of execution of sentence is allowed and it is ordered that execution of the sentence awarded by the learned Additional Sessions Judge, Sujangarh District Churu in the judgment and order dated 22.06.2011 in Sessions Case No. 08/08 against the applicants-appellants Ramnath @ Munninath S/o Keshar Nath and Dhanna Nath S/o Keshar Nath shall remain suspended until the final disposal of the aforesaid criminal appeal provided they execute personal bond in the sum of Rs. 20,000/- each along with two sureties in the sum of Rs. 10,000/- each to the satisfaction of the learned trial Court for their appearance in this Court on 29.05.2014 and subsequently before the Trial Court on the following conditions:- 1. That they will appear before the Trial Court in the months of January and July every year until the appeal is decided. 2. That if the appellants change the place of residence, they will give the changed address in writing to the Trial Court, High Court as well as to their counsel in the High Court. D.B. Criminal Misc. 2nd Bail (SoS) Application No. 265/2014 3. 2. That if the appellants change the place of residence, they will give the changed address in writing to the Trial Court, High Court as well as to their counsel in the High Court. D.B. Criminal Misc. 2nd Bail (SoS) Application No. 265/2014 3. Similarly if sureties change their address, they will give in writing their changed address to the Trial Court. 5. The learned Trial Court shall keep the record of attendance of the accused-appellants in a separate file. Such file be registered as Criminal Misc. Case related to the Sessions Case in which the accused-appellants 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 purposes relating to pendency and disposal of cases in the Trial Court. In case, the said accused appellants do not appear before the Trial Court, the learned trial Judge shall report the matter to this Court for cancellation of bail.Application allowed. *******