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PRABHATI LAL v STATE - CRLR Case No. 721 of 2006  RD-RJ 1892 (7 September 2006)
S.B. CRIMINAL REVISION PETITION NO.721/2006.
Prabhati Lal Vs. State 7.9.2006.
HON'BLE MR.JUSTICE HARBANS LAL
Mr. A.K. Gupta for the petitioner.
Mr. Arun Sharma P.P. for the State.
I have heard learned counsel for petitioner
Prabhati Lal, learned Public Prosecutor for the
State and have perused the impugned judgment as well as the relevant record.
Admit. Put up for hearing in due course.
I have also heard both sides on the prayer for interim relief of suspension of sentence during the pendency of the revision petition.
Learned counsel for the petitioner has contended that none of the witnesses have stated about the negligence or rashness on the part of the petitioner. He has on the strength of Laxmi Chand
Vs. State of Rajasthan- 2006(1) RCC 426 and Nand Lal
Vs. State of Rajasthan- 2006(1) Cr.L.R.(Raj.) 858 wherein the petitioners have been let off on the period already undergone by them on the basis of the decision of the Hon'ble Apex Court in Lakshmanan Vs.
State of Tamil nadu- JT 2001 (Suppl.2) SC 396 the petitioner is entitled to be let off on the period already undergone by him. Learned PP has stoutly opposed the prayer.
Having regard to the submissions made at the bar and all other facts and circumstances of the case as also the fact that the revision petition has been admitted and there is no immediate prospect of its being heard and disposed of in near future, I deem it just and proper to allow this prayer for interim relief.
In the result, the prayer for suspension of sentence is allowed and it is directed that the sentence imposed upon petitioner Prabhabi Lal S/o
Chanda Ram shall remain suspended during the pendency of his criminal revision provided he furnishes a personal bond in the sum of Rs.20,000/- together with one surety in the like amount to the satisfaction of the trial Court for his appearance before this Court on 9.10.2006 and on all dates of hearing unless otherwise directed.
(HARBANS LAL), J.
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