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Judgment
Virender Singh, J
Admit.
Charge-sheet had been filed under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 but since those offences have not been found proved by the Trial Court and the appellants have only been convicted under the Indian Penal Code; therefore, notice to the victim is not required. 3. Also heard on I.A. No.651/2022, which is first application under Section 389 (1) of Cr.P.C. for suspension of custodial sentence on behalf of both appellants, Chandrahas S/o Balchand Raisikh and Mukesh S/o Hamesh Singh Raisikh.
Both the appellants have been convicted under Sections 148, 307/149, 323/149 and have been awarded R.I. for six months, four years and six months with fine and default stipulations.
After hearing the parties and considering the discrepancies between the ocular as well as medical evidence, contradictions appeared in the statement of both the injured Jitendra (P.W.4) and Malkesh (P.W.3) regarding the arm used by the offenders and the fact that third injured Rajesh has not been examined before the Trial Court and the applicants are not the main accused and main accused Jalim Singh is absconding, I deem it appropriate to allow the application. Therefore, I.A. No.651/2022 is allowed.
It is directed that on deposition of fine amount and also on furnishing personal bond of Rs.30,000/- (Rupees Thirty Thousand Only) each with one solvent surety in the like amount to the satisfaction of the trial Court for their appearance before the Trial Court on 15.06.2022 and on all other subsequent dates, as may be fixed by the Registry in this behalf, the execution of substantial jail sentence imposed on the appellants Chandrahas S/o Balchand Raisikh and Mukesh S/o Hamesh Singh Raisikh shall remain suspended, till final disposal of this appeal.
List the matter for final hearing in due course.