DHULIYA versus STATE

High Court of Rajasthan

Indian Supreme Court Cases / Judgements / Legislation

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DHULIYA v STATE - CRLAB Case No. 376 of 2007 [2007] RD-RJ 1220 (8 March 2007)

D.B. Cr. Misc.II Suspension of Sentence Application No.376/2007

In

D.B. Criminal Appeal No.294/2004

Date : . 08.03.2007

HON'BLE MR. SATYA PRAKASH PATHAK, J.

HON'BLE MR. G.S. SARRAF, J.

Mr. K.R. Bhati for the applicant/appellant.

Mr. Vishnu Kachhawaha, Public Prosecutor.

Heard learned counsel for the applicant as well as learned Public Prosecutor and perused the impugned order.

The contention of learned counsel for the applicant is that the co-accused has already been granted bail by this Court in

D.B. Criminal II Bail Application No.1382/2006 vide order dated 01.03.2007 and the case of the accused applicant does not differ from the case of the co-accused.

On the other hand, learned Public Prosecutor has opposed the bail application.

We have considered the submissions made before me.

Looking to the facts and circumstances of the present case, we are persuaded that the sentence of the accused- applicant Dhuliya be suspended.

Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that sentence passed by learned Additional Sessions Judge (Fast Track)

No.1, Udaipur in Sessions Case No.46/2003 against the accused applicant Dhuliya s/o Rama shall remain suspended till the final disposal of the aforesaid criminal appeal provided he furnishes a personal bond in the sum of Rs. 30,000/- and two sound and solvent sureties of Rs.15,000/- each to the satisfaction of the learned trial court for his appearance before this Court on the conditions indicated below :-

That he will appear before this Court on 9th April, 2007.

(i)

(ii) That he will appear before the trial court in the months of January and June of every year till the appeal is decided.

(iii) That if the appellant changes the place of residence, he will give in writing his changed address to the trial court as well as to his counsel in the High Court.

(iv) Similarly, if the sureties change their address(es), they will give in writing their changed address to the trial court.

The learned trial court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case related to the Sessions Case in which the accused-appellant was tried and convicted. A copy of this order shall also be placed in that file for ready reference.

Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

(G.S.SARRAF), J. (SATYA PRAKASH PATHAK), J. vij

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