Dharm Singh & Anr vs State on 22 October, 2008

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(1) D. B.CRIMINAL MISC. IIND BAIL APPLICATION NO.825/2008
                               IN
            D. B. CRIMINAL APPEAL NO. 700/2006
         (SUBHASH & OTHERS V. THE STATE OF RAJASTHAN)

(2) D. B.CRIMINAL MISC. IIND BAIL APPLICATION NO.826/2008
                               IN
            D. B. CRIMINAL APPEAL NO. 700/2006
         (DHARM SINGH & ANOTHER V. THE STATE OF RAJASTHAN)


DATE OF ORDER                   ::::                    22-10-2008


                HON'BLE MR. JUSTICE PRAKASH TATIA
                HON'BLE MR. JUSTICE C. M. TOTLA


Mr. M.D.Purohit, Sr. Advocate, assisted by Mr. Pappu Sangwa,
for Applicants.
Mr. V. R. Mehta, P.P.
Mr. Suresh Kumbhat, for Complainant.


         Heard learned counsel for the applicants and learned Public
Prosecutor on these second bail applications for suspension of sentence.


         On behalf of the applicant-petitioners, petitioners Subhash, Prabhu
Ram, Nopa Ram and Rambakt earlier filed bail application No.1163/06
which was disposed of vide order dated 26.5.08 as not pressed and then
followed criminal miscellaneous application submitting under the belief
being second application, the same was withdrawn and consequently, Bail
Application No.825/08.
         Bail Application No.826/08 is on behalf of applicant-petitioners
Dharm Singh and Meer Singh, earlier being dismissed in 2006, as both the
applications pertain to same order, these are disposed of together by this
order.
         Learned counsel for the applicant-petitioners argued that (1) for
cases registered on cross FIRs, some persons of opposite-party are
convicted, whose appeal is also pending. (2) As many as 28 persons are
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convicted in this case. (3) The dispute is said to have occurred relating to
a land belonging to deity. (4) From the earlier litigations, it is also
apparently, possession was in dispute.    (5) Applicants in custody for
since about 5-6 years and regular hearing of which may take much time.
Also argued that no basis for conviction under Section 302, IPC, is and
even at best for prosecution, this can be a case of free-fight and a person
of applicants' side also killed. Also argued that sentence of some others is
also suspended.
      Learned Public Prosecutor argued that as many as three persons
killed and in this type of incident, there may not be evidence of causing
specific injury by any of the accused, but that does not absolve accused.


      Considering arguments and perusing judgment and record of the
case and also statements of witnesses, allegations, recoveries and for
whom and against whom is attributed what in totality of circumstances,
we are of the view that no case of suspension of sentence of      applicant-
petitioner No.1 Dharm Singh s/o. Shri Mam Chand (in D. B. Criminal Misc.
Second Bail Application No.826/08) and applicant-petitioner No.2 Prabhu
Ram s/o. Shri Shiv Karan (in D. B. Criminal Misc. Second Bail Application
No.825/08) is made out. Hence, their applications        for suspension of
sentence stand dismissed.


      As far as applicant-petitioners No. 1 Subhash s/o. Shri Mahendra
Singh, No.2 Nopa Ram s/o. Shri Gheesa Ram and No.4 Rambakt s/o. Shri
Dariya Singh (in D. B. Criminal Second Bail Application No.825/08) and
applicant-petitioner No.2 Meer Singh s/o. Shri Bhagwana Ram are
concerned, considering as above, in the totality of circumstances, their
applications for suspension of sentence deserve to be allowed and is
allowed   and it is ordered that the sentence passed by the learned
Additional Sessions Judge, Rajgarh, District Churu       in Sessions Case
No.40/2003 vide judgment dated 3.7.2006 against the aforesaid four
accused - applicants shall remain suspended till the final disposal of the
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aforesaid criminal appeal, provided each of them furnishes a personal
bond in the sum of Rs.30,000/- and two sound and solvent sureties of
Rs.15,000/- each to the satisfaction of the learned trial court for his
appearance before this Court on the conditions indicated below: -




       (i)     That they will appear before this Court on 24.11.2008.


       (ii)    That they will appear before the trial court in the months of
               January and June of every year till the appeal is decided.


       (iii)   That if the applicants change the place of residence, they
               will give in writing their changed address to the trial court
               as well as to their counsel in the High Court.


     (iv)      Similarly, if the sureties change their address,they will
               give in writing their changed address to the trail court.


       The learned trial court shall keep the record of attendance of the
accused-applicants in a separate file. Such file be registered as Cr. Misc.
Case related to Sessions Case in which the accused-applicants were tried
and convicted. A copy of this order shall also be placed in that file for
ready reference. Criminal Misc. 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 applicants do not appear before the trial
court, the learned trial Judge shall report the matter to the High Court for
cancellation of bail.


(C. M. TOTLA), J.                                     (PRAKASH TATIA), J.