Tuhiya @ Tuhiram S/O Shri Bijjan vs State Of Rajasthan
2021 Latest Caselaw 2936 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

 S.B. CRIMINAL MISC. BAIL APPLICATION FOR SUSPENSION OF
                         SENTENCE NO.181.2021
                                          IN
                  S.B. Criminal Appeal No. 298/2021

1.        Tuhiya @ Tuhiram S/o Shri Bijjan, R/o Khatnavali, Police
          Station Bayana, District Bharatpur, (Rajasthan) (Appellant
          Is Presently Lodged In Central Jail At Bharatpur)
2.        Ashok @ Hulla S/o Shri Bijjan, R/o Khatnavali, Police
          Station Bayana, District Bharatpur, (Rajasthan) (Appellant
          Is Presently Lodged In Central Jail At Bharatpur)
3.        Kalla @ Kamal Singh S/o Shri Bijjan, R/o Khatnavali,
          Police Station Bayana, District Bharatpur, (Rajasthan)
          (Appellant    Is    Presently        Lodged        In    Central   Jail   At
          Bharatpur)
4.        Gajjo @ Gajendra S/o Shri Bijjan, R/o Khatnavali, Police
          Station Bayana, District Bharatpur, (Rajasthan) (Appellant
          Is Presently Lodged In Central Jail At Bharatpur)
                                                                     ----Appellants
                                      Versus
State Of Rajasthan, Through Public Prosecutor
                                                                    ----Respondent

For Appellant(s)             :    Mr.Ankit Agarwal
For Respondent(s)            :    Mr.Pankaj Agarwal, PP
                                  Mr.Rajeev Kumar Sharma &
                                  Mr.Umashanker Pandey

HON'BLE MR. JUSTICE GOVERDHAN BARDHAR Judgment / Order 14/07/2021

Heard.

Admit.

The instant criminal misc suspension of sentence application

has been filed by the accused-applicants along with the criminal

appeal.

(2 of 3) [CRLAS-298/2021]

After arguing at length, learned counsel for the applicants

does not want to press the suspension of sentence application

filed on behalf of applicant Ashok. Accordingly, the suspension of

sentence application filed on behalf of applicant Ashok is dismissed

as not pressed.

Counsel for the accused-applicant along with criminal appeal

has annexed certificate under Rule 311(3) Rajasthan High Court

Rules wherein it has been mentioned that the accused-applicants

Tuhiya @ Tuhiram S/o Bijjan, Kalla @ Kamal Singh S/oBijjan and

Gajjo @ Gajendra S/o Bijjan were on bail during trial. Counsel

submits that injuries dangerous to life have not been attributed to

the applicants. The prosecution has failed to establish the offence

under Section 307 IPC, hearing of appeal will likely to take time,

hence, the sentence awarded to the applicants Tuhiya @ Tuhiram

S/o Bijjan, Kalla @ Kamal Singh S/oBijjan and Gajjo @ Gajendra

S/o Bijjan may be suspended during the pendency of the criminal

appeal and they be released on bail.

Learned Public Prosecutor as also the counsel appearing for

the complainant have opposed the application.

Having heard the learned counsel for the parties and

carefully scanned the entire material available on record, this

suspension of sentence application is allowed and it is ordered that

execution of sentence awarded to the applicants - Tuhiya @

Tuhiram S/o Bijjan, Kalla @ Kamal Singh S/oBijjan and Gajjo @

Gajendra S/o Bijjan, shall remain suspended during the pendency

of the criminal appeal and they be released on bail provided each

of them furnish a personal bond of Rs.50,000/- together with two

sureties of Rs.25,000/- each, to the satisfaction of the learned

trial court with the stipulation that they shall appear before this

(3 of 3) [CRLAS-298/2021]

Court on 16.08.2021 and thereafter as and when called upon to

do so.

(GOVERDHAN BARDHAR),J

SANDEEP RAWAT /52

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