Suspension of sentence granted based on the nature of allegations and circumstances of a free fight, allowing accused-applicants to appeal while on bail.

Order :

D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 289/2025

1. This suspension of sentence application has been filed by the accused-applicants along with the appeal.

2. Learned counsel for the applicants submits that the accused- applicants have been falsely involved in this matter. Counsel further submits that co-accused-Kamal has caused head injury on the person of deceased-Ramjilal and co-accused-Man Singh has caused head injury on the person of deceased-Gokul. Counsel further submits that the allegation against co-accused-Dharm Singh is that he ran the Jeep over deceased-Ramjilal and Gokul. Counsel further submits that so far present applicants are concerned, allegations against them are general in nature and it is a case of free fight and from the side of the accused, five persons sustained various injuries including fracture. Counsel further submits that the accused-applicants were on bail during trial and hearing of appeal will take long time.

3. Learned Additional Government Advocate and counsel for the complainant have opposed the present application for suspension of sentence.

4. We have heard counsel for the parties and perused the record.

5. Keeping in view the facts and circumstances and also considering the statement of eye witnesses and also considering the fact that it is a case of free fight and from the side of the accused, five persons sustained various injuries including fracture, we deem it just and proper to allow the suspension of sentence application.

6. In that view of the matter, this criminal misc. suspension of sentence application is allowed and it is ordered that execution of sentence awarded to the accused-applicants shall remain suspended during the pendency of the criminal appeal and the accused-applicants be admitted to bail subject to satisfaction of the trial Court with the stipulation that the accused-applicants shall appear before this Court on 16.04.2025 and thereafter as and when called upon to do so.

7. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax for necessary compliance.

D.B. Criminal Appeal (Db) No. 492/2024

List along with D.B. Criminal Appeal No.447/2024.