Surendra Singh Vs. State of Rajasthan

criminal procedure code - section 439-bail--witnesses alleged that accused were armed with lathis--trial court has attributed dharias to them--held, accused shall be released on bail and sentence shall remain suspended.;in the police, the witnesses alleged that these appellants were armed with lathis where as before the trial court they attributed 'dharias' to them.;we, therefore, direct that the appellants surendra singh and virendra singh shall be released on bail and their sentences shall remain suspended.;bail granted - r.s. verma, j.1. this is a bail application on behalf of the two appellants surendra singh and virendra singh. the other two co-accused dadam chand and babulal have already been released on bail by this court earlier. there appears to be a discrepancy about the weapon of offence. in the police the witnesses alleged that these appellants were armed with lathis where as before the trial court they attributed 'dharias' to them. looking to all the facts and circumstances of this case, we are inclined to sustain the sentence awarded to these two appellants.2. we, therefore, direct that the appellants surendra singh and virendra singh shall be released on bail and their sentences shall remain suspended, on each of them furnishing a personal bond in the sum of rs. 10,000/-with two sureties in the sum of rs. 5,000/- each to the satisfaction of the learned additional sessions judge. chittorgarh, to appear before this court on 17-4-1989 and on all subsequent dates of hearing and when ever called upon to do so.