JUDGMENT 1. - While pressing this Application, it is submitted by learned Counsel for the applicants that the fatal injury causing death of Mangi Lal is assigned to Arjan Ram @ Arjun Singh, who as per prosecution gave a 'Barchi blow on the head of deceased. It is also stated that so far as other accused persons are concerned, the allegations against them are quite omnibus and no specific role is assigned to them. As regards to their conviction under Section 302 I.P.C. with the aid of Section 149 I.P.C. is concerned, it is stated that there is no evidence available on record to arrive at a conclusion that all the accused persons were sharing a common object. According to learned Counsel, even as per defence witness, the applicant were going on road and at that time Kalu Ram blocked their way. 2. Learned Public Prosecutor as well as learned Counsel for the complainant while opposing the application submits that though Mangi Lal died after 15 days from the date of incident but he was in coma for all this time, therefore, mere only on the count that the death occurred after a lapse of 15 days, no sympathy can be extended to the accused persons. 3. Heard learned Counsel for the parties. 4. Having considered all facts of the case and looking to the fact that the fatal injury is assigned to co-accused Arjan Ram @ Arjun Singh and recovery of 'Barchi' too was made from him, we are inclined to grant this application seeking suspension of sentence preferred by the applicant(s). 5. Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence passed by learned Additional Sessions Judge No. 2, Nohar, District-Hanumangarh vide his Judgment dated 21.2.2015 against the applicant(s)- (1) Gurdeep Singh S/o Bhagwan Singh, (2) Kushal Singh S/o Bhagwan Singh, (3) Kalu Ram @ Kalu Singh S/o Gurdev Singh @ Devi Ram, (4) Chhinder Pal S/o Gurdev Singh @ Devi Ram, and (5) Channi @ Charanjeet Singh S/o Khem Singh @ Khemchand shall remain suspended till final disposal of aforesaid Criminal Appeal provided he/she/they executes two sureties in the sum of Rs.
25,000/- each and a personal-bond of the like amount to the satisfaction of learned Trial Court for his/her/their appearance in this Court on 20.8.2015 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 his/her/their address, they will give in writing his/her/their changed address to the Trial Court. 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 Miscellaneous 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 Miscellaneous 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.Application allowed. *******