- (1.) WE have heard the learned senior counsel Mr.Mahesh Bora for the applicant-appellant Chandan Singh, the learned Public Prosecutor Mr. K.R. Bishnoi for the State and so also the learned counsel Mr. Pradeep Shah for the complainant. Scanned through the record. Though several submissions have been made by the learned counsel for the applicant-appellant while pressing on the plea for suspension of execution of sentence as awarded by the Sessions Judge, Balotra in Sessions Case No. 41/2007 by the judgment and order dated 24.06.2011 and the submissions have been duly opposed by the learned Public Prosecutor and so also by the learned counsel appearing for the complainant but then, without entering into any other aspect, we are of opinion that this application deserves to be allowed for the basic reason that the applications of co-accused, more or less similarly placed, have already been allowed.
(2.) WITHOUT commenting on the merits of the case and without entering into any other aspect of the matter, suffice is to observe that this Court has earlier allowed the applications for suspension of execution of sentence as moved on behalf of the co-accused Smt. Desh Kanwar wife of Vijay Singh and Smt. Inder Kanwar wife of Chand Singh on 10.10.2011 [Bail (SoS) Application No. 643/2011]; and thereafter, further allowed the application for suspension of execution of sentence as moved on behalf of co-accused Vijay Singh son of Jor Singh on 27.02.2012 [Bail (SoS) Application No. 1104/2011]. Having regard to the circumstances of the case and particularly looking to the statement of PW-8 Bhopal Singh, a child witness, the son of the victim, as at present, without any other comment in the matter, we are of the opinion that when the said co- accused persons namely, Desh Kanwar w/o Vijay Singh, Inder Kanwar w/o Chandan Singh and Vijay Singh s/o Jor Singh have already been ordered to be enlarged on bail, so far the present applicant-appellant Chandan Singh is concerned, he deserves the same treatment. Accordingly, the application for suspension of execution of sentence is allowed and it is ordered that the sentence awarded by the learned Sessions Judge, Balotra vide his judgment dated 24.06.2011 against the applicant-appellant Chandan Singh son of Jor Singh shall remain suspended till the final disposal of aforesaid criminal appeal provided he executes a personal bond in the sum of Rs. 20,000/- (Rupees twenty thousand) alongwith two sureties in the sum of Rs. 10,000/- (Rupees ten thousand) each to the satisfaction of learned Sessions Judge, Balotra for his appearance in this Court on 05.07.2012 and subsequently before the Trial Court on the following conditions:- 1. That he will appear before the Trial Court in the month of January every year till the appeal is decided. 2. That if the appellant change the place of residence, he will give the changed address in writing to the Trial Court, High Court as well as to his counsel in the High Court. 3. Similarly if sureties change their address, they will give in writing their changed address to the Trial Court. The learned Trial Court shall keep the record of attendance of the accused appellant in a separate file. Such file be registered as Criminal Misc. Case related to the Sessions Case in which the accused appellant was 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 appellant does not appear before the Trial Court, the learned Trial Judge shall report the matter to the High Court for cancellation of bail.;