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MUKESH KUMAR & ANR versus STATE

High Court of Rajasthan

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MUKESH KUMAR & ANR v STATE - CRLAB Case No. 576 of 2006 [2006] RD-RJ 1281 (25 May 2006)

S.B.Criminal Misc. III Suspension of Sentence

Application No.576/2006

In

S.B.Criminal Appeal No.574/2004

Date of order : 25.05.2006

HON'BLE MR.SATYA PRAKASH PATHAK,.J.

Mr. Manish Pitaliya for the applicants/appellants.

Mr. Narendra Moolchandani, Public Prosecutor.

Mr. P.N. Mohanani for complainant.

This is third bail application. Earlier two bail applications were rejected by this Court.

Learned counsel for the applicants submits that in a similar case where the accused had undergone more than two years sentence,

Hon'ble Apex Court has suspended the sentence awarded to the accused.

Learned Public Prosecutor assisted by learned counsel for the complainant has opposed the bail application.

I have considered the submissions made before me.

In view of the facts and circumstances of the case, as stated above, in the present case, I do not find any change in the circumstances after rejection of the earlier bail applications, as such the application filed under Section 389

Cr.P.C. is dismissed. However, the applicants will be at liberty to move a fresh application for suspension of sentence after having undergone half of the sentence awarded to them.

The matter is quite old and requires to be heard at an early date. The hearing of appeal may be expedited.

(SATYA PRAKASH PATHAK), J.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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