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GAFFAR KHAN & ORS. v STATE - CRLAB Case No. 507 of 2006 [2006] RD-RJ 1173 (18 May 2006)

S.B. Criminal Misc. Bail/Suspension of Sentence Application


(Gaffar Khan & ors. Vs. State of Rajasthan) in

S.B. Criminal Appeal No. 430/2006

( Deen Mohammed & ors. Vs. State of Rajasthan)

Date of Order: May 18, 2006


Mr. Sandeep Shah, for the appellant-applicants.

Mr. JPS Chaudhary, Public Prosecutor for the State.

Heard learned counsel for the appellant-applicants and perused the judgment and order impugned.

Admit. Issue notice. Mr. JPS Chaudhary, Public

Prosecutor appearing for the State, accepts the notice. Call for the record.

Heard on the application for suspension of sentence.

Appellant-applicant Gaffar Khan has been sentenced for two years' rigorous imprisonment and the other appellant- applicants have been sentenced to one and two months' simple imprisonment, respectively for the offences under Sections 447 and 427 IPC.

Having regard to the facts and circumstances of the case, I think is just and proper to suspend the substantive sentence of imprisonment awarded to the appellant-applicants.

Accordingly, the bail application filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentence of imprisonment passed by the Additional Se3ssions

Judge, Deedwana, vide judgment dated 28-4-2006 in Sessions

Case No. 35/2002 (65/99) against appellant-applicants (1)

Gaffar Khan, (2) Usman Khan, (3) Mohamood Khan, (4)

Jafrudeen, (5) Badrudeen, (6) Bilal Khan and (7) Gani Mohd. shall remain suspended till final disposal of the aforesaid appeal, 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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