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PAKA RAM v STATE - CRLAB Case No. 190 of 2007  RD-RJ 1393 (16 March 2007)
D.B. Cr. Misc. Suspension of Sentence Application No.190/2007
D.B. Criminal Appeal No.765/2006
Date : 16.03.2007
HON'BLE MR. SATYA PRAKASH PATHAK, J.
HON'BLE MR DEO NARAYAN THANVI, J.
Mr. Pradeep Shah for the applicant/appellant.
Mr. O.P. Boob, 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 in the instant case injury report and the post-mortem report show that the injuries inflicted on the person of the deceased were simple in nature and the Doctors have admitted that had the deceased been given proper treatment in time, his life could be saved. He submits that testimony of the witnesses is not reliable and so far as eye witnesses are concerned who claims to have seen the incident, their testimony cannot not be taken in to consideration for the reason that it was not possible for them to see the incident. He further submits that out of five accused persons, one has been acquitted in the case. In the last, he submits that the blow which has been attributed to the applicant is not fatal.
On the other hand, learned Public Prosecutor has opposed the bail application.
We have scanned the evidence and also carefully gone through the statements of PW18, PW19 and also of the Doctors.
Without expressing any opinion on the merit of the case while taking in to consideration the facts and circumstances of the present case, we deem it proper to suspend the sentence award to the applicant.
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.2, Pali in Sessions Case No.100/2005 against the accused applicant Paka Ram s/o Jeeva Ram 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 18th April, 2007.
(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.
(DEO NARAYAN THANVI), J. (SATYA PRAKASH PATHAK), J.
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