1 D.B. Cr. Misc. SOSA Nos. 1028/2008 & 851/2008 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR (1) D.B. Criminal Misc. Suspension of Sentence Application No. 1028/2008 In D.B. Criminal Appeal No. 844/2008 Balraj @ Tilu Vs. State of Rajasthan. With (2) D.B. Criminal Misc. Bail Application for Suspension of Sentence No. 851/2008 In D.B. Criminal Appeal No. 923/2008 Manoj Kumar & Another Vs State of Rajasthan. Date of Order: 19.07.2010 Hon'ble Mr. Narendra Kumar Jain,J. Hon'ble Mrs.Meena V.Gomber,J. Mr. Rakesh Kumar and Mr. Suresh Sahni, for the accused-appellants. Mr. J.R. Bijarnia, Public Prosecutor, for the State. Mr. N.S. Shekhawat on behalf of Mr. M.K. Kaushik, for the Complainant. Heard learned counsel for the parties. Since both the applications relate to one F.I.R. and all the three accused persons in both the applications have been convicted and sentenced by a common judgment passed by the trial court, therefore, we are disposing of both the applications by this common order. Learned counsel for the accused- appellants have argued the applications by referring the statements of prosecution 2 D.B. Cr. Misc. SOSA Nos. 1028/2008 & 851/2008 witnesses and relevant recovery memos of the articles alleged to have been recovered at the instance of the accused-appellants and further, contended that these recoveries of articles cannot be proved and ultimately, the accused- appellants are liable to be acquitted. Therefore, the sentence of imprisonment awarded against the accused-appellants by the trial court may be suspended during the pendency of the appeals. Both the applications have been opposed by learned Public Prosecutor. We have considered submissions of learned counsel for the appellants in the light of reasons assigned by the trial court for convicting the accused-appellants. Looking to all the facts and circumstances of the case, nature of accusation, findings recorded by trial court and gravity of offence, but without commenting anything on merits and demerits of the case, we are not inclined to allow these applications. Both the applications are accordingly dismissed. A copy of this order may be placed on record of connected application. (Meena V.Gomber),J. (Narendra Kumar Jain),J. Manoj Item No.13 & 14.