[1] DB CRIM. MISC. SOSA 138/2009 SUBE SINGH & ORS. Vs. STATE IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR O R D E R D.B. CRIMINAL MISC. (SUSPENSION OF SENTENCE) APPLICATION NO. 138/2009 IN D.B. CRIMINAL APPEAL NO. 91/2009 SUBE SINGH & ORS. Vs. THE STATE OF RAJASTHAN Date: 04.08.2010 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN HON'BLE MRS. JUSTICE MEENA V. GOMBER Mr. A.K. Gupta with Mr. Vijayant Nirwan, for the appellants. Mr. Rajendra Yadav, Public Prosecutor for the State. Mr. Chandragupt Chopra for Mr. Ashok Gaur, for the complainant. **** Heard the learned counsel for the parties. It is contended on behalf of appellants that they were on bail during trial and they surrendered before the trial Court at the time of judgment and did not misuse the liberty granted to them. It is further contended that since 21.01.2009, the date of judgment passed by the trial Court, they are behind the bars. It is further contended that learned trial Court itself has not convicted the appellants under Section 302 IPC but they have been convicted under Section 326 read with 34 IPC, therefore, their sentence may be suspended during the pendency of this appeal. [2] DB CRIM. MISC. SOSA 138/2009 SUBE SINGH & ORS. Vs. STATE The bail application has been opposed by the learned Public Prosecutor. We have considered the submissions of the parties, but without expressing any opinion on the merits and demerits of the case, we are inclined to allow this application and the same is hereby allowed. It is, therefore, directed that sentence of imprisonment of accused- appellants (1) Sube Singh S/o Deshraj, (2) Matadeen S/o Deshraj, (3) Rati Ram S/o Deshraj and (4) Bhoop Singh S/o Rati Ram, by caste Jat, R/o Beroj Kherthal, District Alwar, passed by the Additional Sessions Judge (Fast Track), Kishangarh Bas vide impugned judgment dated 21.01.2009 in Sessions Case No. 5/2006 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 06.09.2010 and as and when they are called upon to do so. (MEENA V. GOMBER),J. (NARENDRA KUMAR JAIN),J. /KKC/