JUDGMENT :

1. The instant application for suspension of sentences has been preferred by the applicants-appellants under Section 389 Cr.P.C. seeking release on bail during pendency of the appeal by suspending the sentences awarded by the learned Sessions Judge, Hanumangarh in Sessions Case No. 35/2017 vide judgment dated 19.4.2021 whereby the applicants-appellants have been convicted and sentenced, as below:

Both the sentences were ordered to run concurrently.

2. We have heard and considered the submissions advanced by learned counsel Mr. Devendra Mehalana representing the appellants-applicants through Video Conferencing and Mr. B.R. Bishnoi, learned AGC and have gone through the impugned judgment and record.

3. Learned counsel Shri Mehalana representing the appellants applicants vehemently and fervently contended that the entire prosecution case is false and fabricated. The prosecution had filed a charge-sheet against the appellants for the offences punishable under Sections 498A, 304B IPC, in the alternative Section 306 IPC and in the alternative Section 302/34 IPC. The learned trial court acquitted the appellants from the offences punishable under Sections 306 and 302 IPC and has convicted them as above. He urged that the appellant Sube Singh was admittedly lodged in custody on the date of the incident. The appellant Gyan Singh and Smt. Rinku were married on 2.3.2011. Smt. Rinku unfortunately got accidentally burnt on 13.4.2017. The appellant Gyan Singh tried to douse the fire and received extensive burns on his hands. Smt. Rinku was immediately rushed to the hospital where, her version was recorded in the bedhead ticket (Ex.D4) in which, the lady stated that she had received the burns accidentally while trying to boil water. He urges that even though Smt. Rinku was well oriented and fully conscious at the time of her admission in the Govt. Hospital Hanumangarh Town, no effort was made to get her statement recorded. He further contended that the prosecution tried to twist the case in the evidence of child witness P.W. 5 Sushri Soniya, daughter of the appellant Gyan Singh and the deceased Smt. Rinku. However, the trial court discarded her testimony. He submits that there is no substance in the allegations of the witnesses Nirmala P.W. 1 mother of the deceased and Ratan Singh P.W. 4 father of the deceased, that their daughter was maltreated on account of demand of dowry. He further contended that the appellants are in custody since April 2017. Hearing of the appeal is unlikely in the near future. On these grounds, Shri Mehalana implored the Court to accept the application for suspension of sentences and enlarge the appellants on bail.

4. Learned Public Prosecutor has filed reply to the application for suspension of sentences. He vehemently and fervently opposed the submissions advanced by the appellants' counsel and contended that the deceased Smt. Rinku was done to death by burning in the matrimonial home within 7 years of her marriage with the appellant Gyan Singh. She was brutally beaten and then was set to fire in the matrimonial home on 13.4.2017. Regular complaints of maltreatment on account of demand of money were being made by the lady to her father and mother. He thus urges that the appellants do not deserve indulgence of bail by this Court.

5. We have given our thoughtful consideration to the arguments advanced at the bar and have gone through the impugned judgment and the record.

6. Ex-facie, it is clear that the prosecution tried to level multifold charges against the appellants by imputing that the death of Smt. Rinku was a dowry death/she committed suicide/she was murdered. The star prosecution child witness Sushri Soniya P.W. 5 daughter of the appellant Gyan Si