- (1.) LEARNED Counsel for Appellants argued that these ten Appellants have been convicted with the aid of Section 149 IPC, they were on bail during trial and they did not misuse the liberty granted to them during trial of the case and disposal of appeal is likely to take time, therefore, sentence of imprisonment awarded by the trial Court against the Appellants may be suspended during pendency of this appeal.
(2.) LEARNED Counsel for the complainant and learned Public Prosecutor opposed the bail application. After considering all the facts and circumstances of the case, but without expressing any opinion on the merits and demerits of the case, we are inclined to allow this bail application of ten Appellants and the same is hereby allowed.
(3.) IT is, therefore, directed that sentence of imprisonment of Appellants (1) Bapulal S/o Shri Kishore, (2) Badrilal S/o Shri Bherulal, (3) Kamlesh S/o Shri Prakash Chand, (4) Rajesh S/o Shri Prakash Chand, (5) Brajraj S/o Shri Shyamlal, (6) Devilal S/o Shri Bherulal, (7) Ramesh S/o Shri Badrilal, (8) Raju alias Rajesh S/o Shri Devilal, (9) Shyamlal S/o Shri Kishore and (10) Rakesh S/o Shri Shyamlal, passed by the Additional Sessions Judge, Jhalawar vide impugned judgment dated 06.08.2010 in Sessions Case No. 10/2010 shall remain suspended during the pendency of the appeal and they shall be released on bail provided each of them furnishes a personal bond in the sum of Rs. 50,000/ -(Rs. Fifty thousand) with two sureties of Rs. 25,000/ -(Rs. Twenty five thousand) each to the satisfaction of the trial Court to appear before this Court on 07.02.2011 and as and when they are called upon to do so.;