ORDER :

1. The appellant-applicant herein has been convicted and sentenced as below vide judgment dated 13.09.2021 passed by the learned Additional Sessions Judge No. 2, Hanumangarh in Sessions Case No. 4/2016 :

2. He has preferred D.B. Criminal Appeal No. 111/2021 for assailing the impugned judgment and in continuance thereof, the instant application for suspension of sentences has been moved under Section 389 CrPC.

3. Learned Public Prosecutor does not propose to file reply to the application for suspension of sentences and has chosen to argue the matter orally.

4. As per the allegations set out in the prosecution case and to be specific, in the statement of the star prosecution witness Sandeep @ Sethi (P.W. 5), the sharp weapon injuries inflicted to the deceased were assigned to Abhijeet. The appellant and the co-accused Sunil Bishnoi, Sunil Choyal, Rakesh Choyal and Krishna Sangwan were allegedly armed with lathis. The applications for suspension of sentences preferred on behalf of co-accused Sunil S/o. Ramkumar and Rakesh S/o. Balram have been accepted by this court observing as below:-

"A perusal of the material facts indicates that the complainant Harchand (P.W. 1) set out a case in the F.I.R. (Ex. P/2) that in the night of 06.10.2015 his son Pradeep received a call from one Sandeep Nai that his elder brother Kuldeep had been surrounded by Abhijeet, Surendra, Sunil Bishnoi, Rakesh Choyal, Sunil Choyal and 2-3 other persons with arms near Panchayat Ghar and that trouble was brewing up. On getting this information, the informant, alongwith his son Pradeep and nephew Mohan boarded a motorcycle and went to the Ward Panchayat Ghar. They saw that Surendra Choyal was having a pointed weapon whereas the other accused namely Sunil Bishnoi, Rakesh and Sunil Choyal were armed with lathis and gandasis. Before they could intervene and save Kuldeep, they saw Abhijeet, Surendra, Sunil Bishnoi and Rakesh Choyal assaulting Kuldeep in a brutal manner. Knife injuries were inflicted on the abdomen and face of Kuldeep by Abhijeet and Surendra Choyal. The other accused also started assaulting the deceased. Pradeep tried to intervene to save Kuldeep, but he too was beaten up by knives, other pointed weapons and lathis. The complainant and few other persons who had collected there and raised a hue and cry, on which the accused escaped from the spot. The complainant checked Pradeep and Kuldeep but they were seriously injured and were not fit to walk. Both were taken to the hospital, where Kuldeep expired as a result of the injuries. After conducting thorough investigation, the Investigating Officer filed charge-sheet only against Abhijeet and Surendra Choyal whereas, the investigation was kept pending qua Rakesh Choyal, Sunil Choyal, Sunil Bishnoi and others under Section 173(8) CrPC. The case of Abhijeet and Surendra Choyal was committed to the sessions court where, the charges were framed and evidence was commenced. After the evidence of Harchand (P.W. 1) had been recorded, the prosecution moved an application under Section 319 CrPC which was accepted and Rakesh Choyal, Sunil Choyal and Krishna Sagwan were summoned to face trial for the offences under Sections 148, 341, 323, 307 and 302/149 IPC. Krishna Sagwan challenged the order issuing process by filing revision in the High court, which was accepted. However, the complainant approached the Supreme Court, the High Court's order was set aside and the order dated 25.08.2017 passed by the trial court was restored. After t