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FAKIR CHAND versus STATE

High Court of Rajasthan

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FAKIR CHAND v STATE - CRLAB Case No. 1035 of 2006 [2007] RD-RJ 233 (11 January 2007)

D.B. CRIMINAL MISC. BAIL APPLICATION (SUSPENSION OF

SENTENCE) NO.1035/2006

IN

D.B. CRIMINAL APPEAL NO.828/2006

DATE OF ORDER : 11.01.2007

HON'BLE MR. JUSTICE N.N.MATHUR

HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS

Mr. R.S. Gill, for the appellant.

Mr. JPS Choudhary, Public Prosecutor.

We have heard learned counsel for the appellant, learned Public Prosecutor and perused the record.

It is contended by the learned counsel for the appellant that the conviction of the appellant has been recorded mainly relying on the evidence of last seen. Learned counsel has read before us the statement of PW-2 Kuldeep Singh wherein he was confronted with the police statement Ex.D/1, not disclosing the fact with respect to the last seen. This aspect has also been admitted by PW-10 Premdas.

The application is opposed by learned Public

Prosecutor.

Without expressing any opinion on the merit of the case and keeping in view all the facts and circumstances of this case, we feel it just and proper to suspend the sentence of the appellant. Accordingly, the bail application is allowed and it is ordered that the sentence passed by the learned Additional

Sessions Judge, Raisinghnagar vide his judgment dated 01.09.2006 against the appellant Fakir Chand S/o Ruldev Singh shall remain suspended till the final disposal of the aforesaid criminal appeal provided he executes a personal bond in the sum of Rs.20,000/- along with two sureties in the sum of Rs.10,000/- each to the satisfaction of the learned additional Sessions Judge,

Raisinghnagar for his appearance in this Court on 26.3.2007 and subsequently before the trial court on the following conditions:- 1. That he will appear before the trial court in the month of

January every year till the appeal is decided. 2. That if the appellant changes the place of residence, they will give the changed address in writing to the trial court, High

Court as well as to his/her/their counsel in the High Court. 3. Similarly if sureties change their address, 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.

(GOPAL KRISHAN VYAS) J. (N.N.MATHUR) J. arun


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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