- (1.) AN application on behalf of applicant Lal @ Ram Dev under Section 389 Cr.P.C. has been moved for grant of suspension of sentence against the judgment and order dated 4.4.2009 passed by learned Additional District & Sessions Judge (Fast Track) No.2, Bundi in sessions case no.38/2008 whereby applicant has been convicted for the offence under Sec.324 and 326 IPC and sentenced to maximum period of 5 years' rigorous imprisonment along with fine.
(2.) LEARNED counsel for the applicant submits that injured and the appellant are brothers and the injuries inflicted are not found to be dangerous to life and they are not on vital part. He further submits that the appellant is already in custody for about 17 months ever since he was2 arrested in this case and that the prosecution has failed to produce radiologist who examined the injured for the grievous hurt causing bone injury. LEARNED counsel for the appellant submits that 10 accused persons were put on trial and out of them accused appellant has been convicted and rest have been acquitted and other accused were also assigned injury by sharp edged weapon. LEARNED counsel for the applicant submits that looking to the nature of offence and quantum of sentence, he deserves to be granted benefit of grant of bail. Learned Public Prosecutor opposed the bail application. Heard learned counsel for the applicant, learned Public Prosecutor for the State and perused the relevant material placed before me. Considering the submissions advanced and also entire facts and circumstances of the case and without expressing any opinion on the merits of the case, I am inclined to suspend the sentence awarded to the accused-applicant named above. Accordingly, the bail application is allowed and it is ordered that the sentence passed by learned trial court against the applicant Lal @ Ram Dev S/o Shri Chotu in Sessions Case No.38/2008 shall remain suspended till the final disposal of aforesaid criminal appeal provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the amount of Rs.25,000/- each, to the satisfaction of the learned trial court for his appearance in this court on 4.1.2010 and whenever called upon to do so.;