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RATAN & ORS versus STATE

High Court of Rajasthan

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RATAN & ORS v STATE - CRLRB Case No. 82 of 2006 [2006] RD-RJ 1181 (18 May 2006)

S.B. Criminal Misc. Bail/Suspension of Sentence Application No. 82/2006 in

S.B. Criminal Revision Petition No. 286/2006

( Ratan & ors. Vs. State of Rajasthan) ...

Date of Order: May 18, 2006

HON'BLE MR. H.R. PANWAR, J.

Mr. R.K. Charan, 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 orders 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 two 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 two 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 397/401 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the trial court and affirmed by the learned

Additional Sessions Judge No.2, Chittorgarh, vide judgment dated 29-3-2006 in Criminal Appeal No. 10/2005 against applicant-petitioners (1) Ratan, (2) Bhanwaria, (3) Mangu and

(4) Daya Ram 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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