BHERIYA @ BHERU SINGH versus STATE

High Court of Rajasthan

Indian Supreme Court Cases / Judgements / Legislation

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BHERIYA @ BHERU SINGH v STATE - CRLAB Case No. 710 of 2006 [2006] RD-RJ 1481 (7 July 2006)

S.B. CRIMINAL MISC. APPLICATION FOR BAIL/ SUSPENSION OF

SENTENCE NO.710/2006

IN

S.B. CRIMINAL APPEAL NO.605/2006

(Bheriya alias Bheru Singh Vs. State of Rajasthan) ...

Date of Order: July 07, 2006

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

Mr. P.R. Mehta, for the appellant-applicant.

Mr. S.N. Tiwari, Public Prosecutor for the State.

Heard learned counsel for the appellant-applicant and the Public Prosecutor for the State. Perused the judgment and order impugned of the court below.

Admit. Issue notice. Mr. S.N. Trivedi, Public

Prosecutor, accepts the notice for the respondent-State.

Heard on the application for suspension of sentence.

Having considered the totality of facts and circumstances of the case, keeping in view the short sentence of two years and the oral arguments advanced by the learned counsel for the parties, I think is just and proper to suspend the substantive sentence of imprisonment awarded to the appellant- applicant.

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 learned Additional

Sessions Judge (Fast Track), Banswara, vide judgment dated 9.6.2006 in Sessions Case No. 91/2004 against appellant- applicant Bheriya alias Bheru Singh S/o Raju alias Ransingh shall remain suspended till final disposal of the aforesaid appeal, provided he 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 17.8.2006 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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