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DHARAMPAL & ANR v STATE - CRLAB Case No. 173 of 2006  RD-RJ 1252 (24 May 2006)
S.B.Cr.Misc. Bail App. No. 173/2006
S.B.CRIMINAL APPEAL NO. 129/2006
Date of order : 24/05/2006
HON'BLE MR.H.R.PANWAR, J.
Mr. M.K.Garg for the applicant-appellants.
Mr. J.P.S.Choudhary, Public Prosecutor.
Mr. Shambhoo Singh for the complainant.
Heard. Perused the judgment and order impugned as also record of the trial court.
Admit. Issue notice.
Mr. J.P.S.Choudhary, public prosecutor, accepts notice on behalf of State.
Heard learned counsel for the parties on the application for suspension of sentence.
It is contended by the learned counsel for the applicant-appellants that no offence under Section 366-A IPC is made out as from the evidence, the essential ingredients for the offence under Section 366-A are not made out. It is further contended that the applicant-appellants are in custody for about seven months and appeal is not likely to come up for hearing in near future.
Having regard to the facts and circumstances of the case, I think it just and proper to suspend the substantive sentence of imprisonment awarded to the accused appellant- applicants.
Accordingly, the bail application filed under Sec. 389
Cr.P.C. is allowed and it is ordered that the substantive sentence of imprisonment passed by the learned Additional Sessions
Judge, Ratangarh vide judgment dt. 31.1.2006 in sessions case
No. 21/04 against applicant-appellants Dharampal S/o Ganga
Ram and Gyana Ram S/o Keshra Ram 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.10000/- each to the satisfaction of the learned trial Judge for their appearance before this court on 12/07/2006 and whenever ordered to do so with the incorporation in the bond that as and when they will shift their place of residence, they will intimate to this Court and their lawyer about their new place of residence.
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