Daleep Singh @ Daleep Kumar vs. State

D.B. CRIMINAL MISC. II BAIL APPLICATION NO.865/2006 IN D.B. CRIMINAL APPEAL NO.165/2004 (Daleep Singh Vs. State)

Date of order : 18.9.2006

HON'BLE MR. JUSTICE RAJESH BALIA HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS

Mr. Ramesh Purohit, for the applicant. Mr. L.R. Upadhyay, Public Prosecutor.

We have heard learned counsel for the applicant and learned Public Prosecutor.

It is stated by the learned counsel for the appellant-applicant that since the rejection of the applicant's first bail application on 26.5.2004, sentence of all other co-accused including the principle offender Narayan Lal has been suspended by this Court. Principle accused Narayan Lal, who is alleged to have caused stab wound by 'gupti' was released on bail by order dated 27.4.2006, Chotulal @ Navratan who is alleged to have caused stab wound by knife was released on bail by order dated 01.02.2006 and other co-accused viz. Anil Kumar, Banshi Lal and Madan Lal have also been released on bail by this Court on different dates. It is further contended that the case of the present applicant is not distinguishable from other accused persons who have been enlarged on bail.

Learned Public Prosecutor has opposed the bail application.

Keeping in view the facts and circumstances of this case, we feel it just and proper to suspend the sentence of the appellant-applicant. Accordingly, the bail application is allowed and it is ordered that the sentence passed by learned Additional Sessions Judge (Fast Track), No.1, Bhilwara vide judgment dated 20.1.2004 against the appellant-applicant Daleep Singh @ Daleep Kumar S/o Kanhaiyalal Luhar shall remain suspended till the final disposal of the criminal appeal provided he executes personal bond in the sum of Rs.20,000/- alongwith two sureties in the sum of Rs.10,000/- each to the satisfaction of learned Additional Sessions Judge (Fast Track) No.1, Bhilwara for his appearance in this court on 20.10.2006 subsequently before the trial court on the following conditions:

1. That he will appear before the trial court in the month of January every year till the appeal is decided.

2. That if the applicant changes the place of residence, he will give the changed address in writing to the trial court, High Court as well as to his counsel in the High Court.

3. Similarly, if sureties change their address, they will give in writing their changed address to the trial court.

The learned trial court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case related to the Sessions Case in which the accused appellant was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. File shall not be taken into account for statistical purpose relating to pendency and disposal of the cases in the trial court. In case, the said accused appellant do not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

(GOPAL KRISHAN VYAS), J. (RAJESH BALIA), J.

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