Rajasthan High Court
Harisingh S/O Bhanwarlal vs State Of Rajasthan on 25 October, 2021
Bench: Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. (SOS) Application No.722/2021
In
S.B. Criminal Appeal No. 1278/2021
1. Harisingh S/o Bhanwarlal, Resident Of Mana Majra
Ghodakheda Police Station Manohar Thana District
Jhalawar (Raj) (At Present Confined In Sub District Jail
Aklera District Jhalawar)
2. Biram Singh S/o Bhuralal, Resident Of Mana Majra,
Ghodakheda Police Station Manohar Thana District
Jhalawar (Raj) (At Present Confined In Sub District Jail
Aklera District Jhalawar)
3. Rasul Singh S/o Bhanwarlal, Resident Of Mana Majra,
Ghodakheda Police Station Manohar Thana District
Jhalawar (Raj) (At Present Confined In Sub District Jail
Aklera District Jhalawar)
4. Bhuralal S/o Ramratan Alias Ratanlal, Resident Of Mana
Majra, Ghodakheda Police Station Manohar Thana District
Jhalawar (Raj) (At Present Confined In Sub District Jail
Aklera District Jhalawar)
----Appellants
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. Rohit Khandelwal
For Respondent(s) : Mr. Imran Khan, PP
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
25/10/2021
Heard on application for suspension of sentence.
The appellants have filed the appeal along with
application for suspension of sentence.
(2 of 3) [SOSA-722/2021]
The appeal has been preferred against the judgment of
conviction and sentence dated 17.08.2021 passed by the Court of
Additional District & Sessions Judge, Aklera, District Jhalawar,
(Raj.) in Sessions Case No.30/2015, by which the appellants-
Harisingh and Biram Singh have been convicted under Sections
323, 324, 325, 308 read with Section 34 of IPC and Section 4/25
of the Arms Act and appellants-Rasul Singh and Bhuralal have
been convicted under Sections 323, 324, 325 and 308 read with
Section 34 of IPC and sentenced to maximum term of four years.
It has been submitted by learned counsel for the
appellants that all the appellants were on bail during trial and now
they are in judicial custody since passing of the judgment dated
17.08.2021 and maximum punishment is of four years. Injuries
are on the non-vital parts of the injured Babulal and Rachana.
Decision of appeal may take considerable time.
Heard learned counsel for the parties and scanned the
evidence available on record carefully.
Learned Public Prosecutor has opposed the application
for suspension of sentence.
Taking into consideration the submissions of learned
counsel for the appellants and overall facts and circumstances of
the case but without commenting upon detailed merits of the
case, this Court deems just and proper to allow the application for
suspension of sentence.
Accordingly, the application for suspension of sentence
is allowed and it is ordered that the sentence awarded to accused-
appellants (1) Harisingh S/o Bhanwarlal (2) Biram Singh S/o
(3 of 3) [SOSA-722/2021]
Bhuralal (3) Rasul Singh S/o Bhanwarlal and (4) Bhuralal S/o
Ramratan Alias Ratanlal shall remain suspended till disposal of this
criminal appeal and they shall be released on bail, provided each
of the appellant furnishes a personal bond of Rs.1,00,000/- (One
Lakh) and two sureties of Rs.50,000/- (Fifty Thousand) each to
the satisfaction of the learned trial court for their appearance in
this Court on 25th November, 2021 and as and when called upon to
do so.
(MANOJ KUMAR VYAS),J
Sunita/64
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