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JESA RAM & ANR. v STATE - CRLAB Case No. 136 of 2007  RD-RJ 1436 (21 March 2007)
D.B. Cr. Misc. II Suspension of Sentence Application No.136/2007
D.B. Criminal Appeal No.408/2006
Date : 21.03.2007
HON'BLE MR. SATYA PRAKASH PATHAK, J.
HON'BLE MR DEO NARAYAN THANVI, J.
Mr. Sandeep Mehta for the applicant/appellant.
Mr. V.R. Mehta, Public Prosecutor.
After hearing learned counsel for the parties and taking into consideration the statements of the witnesses and also the medical evidence, without expressing any opinion on the merit of the 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 Sessions Judge (Fast Track), Balotra
(Headquarter Barmer) Camp-Balotra, in Sessions Case No.94/2005
(old No.25/04) against the accused applicant Jesa Ram s/o Raju
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 23rd 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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