[1] DB CRIM. MISC. BAIL APPLICATION Nos.961/2010 & 847/2010 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR O R D E R (1) D.B. CRIMINAL MISC. BAIL APPLICATION NO.961/2010 IN D.B. CRIMINAL APPEAL NO.564/2010 HANUMAN Vs. STATE OF RAJASTHAN & (2) D.B. CRIMINAL MISC. BAIL APPLICATION NO.847/2010 IN D.B. CRIMINAL APPEAL NO.561/2010 MALIRAM Vs. STATE OF RAJASTHAN Date: 01.12.2010 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN HON'BLE MR. JUSTICE RAGHUVENDRA S. RATHORE Mr. Rajesh Sharma and Mr. Biri Singh with Mr. Rajesh Choudhary, for accused-appellants. Mr. J.R. Bijarnia, Public Prosecutor for the State. Mr. Mohan Choudhary, for the complainant. **** Both the applications arise out of common judgment dated 03.08.2010 passed by the trial Court, therefore, both were heard together and are being decided by this common order. Heard learned counsel for the parties. It is contended on behalf of the appellants that learned trial Court itself has recorded a finding that there was free fight in the present matter between the [2] DB CRIM. MISC. BAIL APPLICATION Nos.961/2010 & 847/2010 parties, the trial Court has already acquitted the present appellants also along with co-accused persons from the offence under Section 149 IPC, there is no specific allegation against the appellants about causing of fatal injury, they were on bail during trial and they did not misuse the liberty granted to them, therefore, the sentence of imprisonment awarded by the trial Court against the appellants may be suspended during pendency of the appeals. Above facts have not been disputed by the learned counsel for the complainant as well as learned Public Prosecutor. After considering all the facts and circumstances of the case, but without expressing any opinion on merits and demerits of the case, we are inclined to allow both the applications and the same are, accordingly, allowed. It is, therefore, directed that sentence of imprisonment of appellants (1) Hanuman S/o Shri Kanaya Lal and (2) Maliram S/o Shri Mohru, passed by the Additional Sessions Judge, Shahpura, District Jaipur vide impugned judgment dated 03.08.2010 in Sessions Case No.11/2003 shall remain suspended during the pendency of the appeals and they shall be released on bail provided [3] DB CRIM. MISC. BAIL APPLICATION Nos.961/2010 & 847/2010 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 03.01.2011 and as and when they are called upon to do so. A copy of this order may be placed on record in connected appeal. (RAGHUVENDRA S. RATHORE),J. (NARENDRA KUMAR JAIN),J. /KKC/