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SHAUKAT ALI versus STATE & ANR.

High Court of Rajasthan

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SHAUKAT ALI v STATE & ANR. - CRLRB Case No. 102 of 2006 [2006] RD-RJ 1202 (19 May 2006)

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

No.102/2006 in

S.B. Criminal Revision Petition No. 395/2006

(Shaukat Ali Vs. State of Rajasthan & Anr.)

Date of Order: May 19, 2006

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

Mr. Pradeep Shah, for the petitioner.

Mr. JPS Chaudhary, Public Prosecutor for the State.

Issue notice for final disposal.

I have heard on the application under Section 397

(1) Cr.P.C. seeking suspension of sentence.

By the instant application, the petitioner seeks suspension of sentence during pendency of the revision petition.

Learned counsel for the petitioner submits submitted that the petitioner has been sentenced to one month's simple imprisonment in default of making payment of maintenance allowance. Learned counsel has relied on a decision of this Court in Suresh Vs. State of Rajasthan & ors., reported in 2005 (3)

Raj. Cr.D. 35 (Raj.).

Having considered the totality of the facts and circumstances of the case, I think it just and proper to allow the application for bail/seeking suspension of sentence and direct that the sentence of simple imprisonment awarded by the impugned order dated 2-2-2006 in default of payment of maintenance allowance to the appellant shall remain suspended provided he furnishes a personal bond in the sum of Rs.20,000/- with two sureties of Rs.10,000/- each to the satisfaction of the trial Court for his appearance before this Court on 12-7-2006.

(H.R. PANWAR), J. mcs


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