Full Judgment
Krishan Kumar Acharya, J.
1. Heard learned Counsel for the appellant(s) and learned Public Prosecutor on application under Section 389 Cr.P.C. for suspension of sentence.
2. Learned Counsel for the appellant(s) states that there is only single injury and the said injury has not been attributed to the present appellant. The learned Counsel for the appellant has relied on the statement of eye witnesses as well as post mortem report. The learned Counsel for the appellant states that the appellants has been convicted with the aid of Section 149 IPC. He further states that accused appellant(s) was on bail during the course of trial and did not misuse the bail. In last, he prays that accused-appellant(s) has arguable case and hearing of the appeal will take time,, therefore, the sentence awarded to the accused-appellant(s) may be suspended during the pendencey of the appeal.
3. Learned Public Prosecutor opposed this application seeking suspension of sentence and stated that six accused persons have formed unlawful assembly and have given beating to Virda Ram and Gudar Ram and due to the injuries received by him, he had died. Therefore, looking to the nature of offence, the sentence awarded to the accused-appellant(s) may not be suspended.
4. I have considered the submissions advanced by learned Counsel for the parties and also gone through the complete record as well as judgment impugned. There was only single injury to the deceased which has not been attribute to the present appellant. Accused-appellant(s) was on bail during the course of trial. Looking to all the facts and circumstances of the case and taking into account the submission of the learned Counsel for the appellant(s) that accused-appellant(s) has arguable case and hearing of the appeal will take time, at this stage, without commenting on the merit of the case, I deem it just and proper to suspend the sentence awarded to the accusedappellant(s). Accordingly, the application under Section 389 Cr.P.C. for suspension of sentence is allowed and it is ordered that the sentence passed by learned Additional Sessions Judge (Fast Track) No. 1, Jodhpur vide his judgment dated 16.12.2006 in Sessions Case No. 141/2005 against the accusedappellant(s) Oma Ram alias Om Prakash S/o Sh. Kana Ram shall remain suspended till the final disposal of aforesaid appeal provided he executes a personal bond in the sum of Rs. 20,000/- (Rupees twenty thousand only) along with two sureties in the sum of Rs. 10,000/- (Rupees ten thousand only) each to the satisfaction of the trial Court for his appearance in this Court on 10.02.2007 and whenever called upon to do so.