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BHANWAR SINGH & ANR v STATE - CRLRB Case No. 71 of 2006 [2006] RD-RJ 1169 (18 May 2006)

S.B. Criminal Misc. Bail/Suspension of Sentence Application No. 71/2006 in

S.B. Criminal Revision Petition No. 255/2006

( Bhanwar Singh & Anr. Vs. State of Rajasthan) ...

Date of Order: May 18, 2006


Mr. Sumer Dan, for the petitioner-applicants.

Mr. JPS Chaudhary, Public Prosecutor for the State.

Heard learned counsel for the petitioners and the

Public Prosecutor for the State. Perused the judgment and order impugned of the courts below as well as the record of the trial court.

Admit. Issue notice. Mr. JPS Chaudhary, Public

Prosecutor appearing for the State accepts notice.

Heard learned counsel for the parties on the application for suspension of sentence.

Learned counsel for the petitioners submits that the petitioner is in custody for last three months.

Having considered the totality of the facts and circumstances of the case and keeping in view the fact that the petitioner is in custody for last three months as stated by the learned counsel for the petitioners, I think is just and proper to suspend the substantive sentence of imprisonment awarded to the petitioner.

Accordingly, the bail application filed under Section 397 (1) Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the trial court and affirmed by the learned

Sessions Judge, Sirohi, vide judgment dated 21-3-2006 in

Criminal Appeal No. 17/2004 (24/1998) against applicant- petitioners (1) Bhanwar Singh S/o Megh Singh, and (2)

Mahendra Singh S/o Bheru Singh shall remain suspended till final disposal of the aforesaid revision petition, provided each of them executes a personal bond in the sum of Rs.20,000/- with two sureties of Rs.10,000/- each to the satisfaction of the learned trial Judge for his appearance before this Court on 12-7- 2006 and whenever ordered to do so with the incorporation in the bond that as and when he will shift his place of residence, he will intimate to this Court and his lawyer about his new place of residence.

(H.R. PANWAR), J. mcs


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