- (1.) It is submitted by learned counsel for accused appellant that although the FIR was filed against more than two persons, but after investigation, challan was filed by the police against two accused Sukha Ram and Smt. Bulki Devi. As per eye witnesses, there is no specific allegation for inflicting injury on the head of the deceased by the accused appellant. Further it is submitted by learned counsel for the accused appellant that most of the witnesses of the prosecution have turned hostile and did not support the story of the prosecution and application for suspension of sentence filed by Smt. Bulki Devi has already been allowed by this Court, therefore, the application of the accused-appellant may also be allowed.
(2.) Learned public prosecutor has vehemently opposed the prayer for suspension of sentence and submitted that this application may kindly be rejected. After considering the entire facts and circumstances of case and the fact that the co-accused Smt. Bulki Devi has already been enlarged on bail, while suspending her sentence, without expressing any opinion on merits, we deem it appropriate to suspend the sentence awarded to accusedapplicant.
(3.) Accordingly, this application for suspension of sentence is allowed and it is ordered that the sentence awarded by the learned Additional Sessions Judge Sujangarh, District Churu vide judgment dated 02.06.2015 in Sessions Case No.22/2011 against the accused applicant Sukha Ram son of Phusa Ram shall remain suspended till the final disposal of aforesaid criminal appeal and he may be released on bail provided he executes a personal bond in the sum of Rs. 50,000/- along with two sureties of like amount to the satisfaction of the Trial Court for his appearance before this Court on 03.10.2016 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided. 2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court. 3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.;