D.B. Criminal Miscellaneous Bail Application No.947 of 2009
(Suspension of Sentence)
In
D.B. Criminal Appeal No.938 of 2009.
Somoti Lal @ Somotya & Another Vs. State Date of Order :::: 30/09/2009 Hon'ble Mr. Justice Dalip Singh Hon'ble Mr. Justice K.S. Chaudhari Mr. V.S. Badhwar, Counsel for the accused-appellants. Mr. V.S. Tanwar, Counsel for the complainant. Mr. J.R. Bijarania, Public Prosecutor for the State.
Heard learned counsel for the accused-appellants, learned Public Prosecutor for the State and perused the record as well as the judgment of the learned Court below.
In the facts and circumstances of the present case, but without expressing any opinion on the merits and demerits of the case, we consider it just and proper to suspend the sentence of imprisonment awarded to the accused-appellant No.1 Somoti Lal @ Somotya son of Shri Rewad Mal during the pendency of the appeal.
Accordingly, the application for suspension of the sentence of appellant No.1 is allowed and it is ordered that the sentence passed by the learned trial Court against the accused-appellant No.1 Somoti Lal @ Somotya son of Shri Rewad Mal by caste Bairwa shall remain suspended till the final disposal of aforesaid criminal appeal and be released on bail, provided he executes a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only), along with two sureties of Rs.25,000/- (Rupees twenty five thousand only) each to the satisfaction of the learned trial Court for his appearance before this Court on 04.11.2009 and whenever called upon to do so.
So far as the application submitted on behalf of the accused-appellant No.2 Sanjay son of Shri Somoti Lal is concerned, in the facts and circumstances of the present case, we do not find it to be a fit case for suspending the sentence of the accused-appellant No.2 Sanjay.
The application filed on behalf of the accused-appellant No.2 Sanjay is accordingly dismissed.
( K.S. Chaudhari) (Dalip Singh) J.
ashok/