IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. O R D E R D.B. CR.MISC.APPLICATION FOR SUSPENSION OF SENTENCE NO.849/2011. IN D.B. CRIMINAL APPEAL NO.699/2011. Laxman & Anr. Vs. State of Rajasthan Date of Order :- September 5, 2011. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ HON'BLE MR.JUSTICE S.S. KOTHARI Shri Rajesh Sharma for the appellants. Shri J.R. Bijarniya, Public Prosecutor for State. ****** BY THE COURT:-
This application u/S.389 Cr.P.C. has been filed by applicant-appellants Laxman and Nathulal for suspension of sentence awarded by the learned trial court vide judgment and order dated 28/5/2011 passed in Sessions case No.23/2008 for offences u/Ss.302, 201 and 120B IPC.
We have heard learned counsel for the parties and perused the record.
Without expressing any opinion on the merits of the case but in the facts and circumstances of the case, we are inclined to suspend the sentence awarded to the accused-appellants.
In the result, this application for suspension of sentence u/S.389 Cr.P.C. is allowed and it is directed that the sentence awarded to applicant-appellants (1) Laxman S/o Shri Ramdev Jat and (2) Nathulal S/o Shri Girdhari Jat shall remain suspended during the pendency of their criminal appeal provided, each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the trial Court for their appearance before this Court on 10/10/2011 and on all dates of hearing unless otherwise directed.
(S.S. KOTHARI), J. (MOHAMMAD RAFIQ), J. ani
