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2008 Supreme(SC) 1590

MUKUNDAKAM SHARMA, ARIJIT PASAYAT
Gajraj Yadav – Appellant
Versus
Rajendra Singh @ Deena – Respondent


Advocates appeared:
For the Appellant :Sushil Kumar Jain, Puneet Jain, Ms. Archana Tiwari and Ms. Pratibha Jain, Advocates.
For the Respondents:Jitendra Mohan Sharma, Advocate.

JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in these appeals is to the order passed by a Division Bench of the Rajasthan High Court directing suspension of sentence awarded to the respondents. It was directed that such suspension was to take effect on each one of them by furnishing a bond in the sum of Rs.50,000/- together with two sureties in the sum of Rs.25,000/- each to the satisfaction of the trial Court for the appearance before the High Court and on dates of hearing unless otherwise directed. The order was to operate in respect of the respondents who are the appellants in Criminal Appeal Nos.1420 and 1431 of 2007 pending before the Rajasthan High Court. It is to be noted that 51 persons were put on trial and 18 were convicted. Along with the appeals, the respondents filed application for suspension of sentence in terms of Section 389 of the Code of Criminal Procedure, 1873 (in short ‘Code’).

3. Impugning the order passed by the High Court the informant has filed these appeals. The respondents along with one Girdhari were convicted by learned Sessions Judge, Kotputali Dist. Jaipur, Rajasthan, in Sessions case no.16 of 2001. The accused-respondents were co





























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