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LAXMAN v STATE - CRLAB Case No. 873 of 2007  RD-RJ 4013 (17 August 2007)
S.B.Cr.Misc. Bail App. No. 873/2007
S.B.CRIMINAL APPEAL NO. 615/2007
(Laxman Vs. State of Rajasthan)
Date of order : 17/08/2007
HON'BLE MR.H.R.PANWAR, J.
Mr. Vijay Purohit for the applicant-appellant.
Mr. V.R.Mehta Public Prosecutor.
Heard learned counsel for the appellant and public prosecutor for the State on the application for suspension of sentence. Perused the judgment and order impugned as also the record of the trial court.
I have carefully gone through the FIR Ex.P-4 wherein the mother of the injured stated that the appellant inflicted injury by lathi. The injury report shows that the injury is by sharp. Injured PW-5 Devilal admitted that the accused demanded a sum of Rs. 25,000/- which the injured owe to the appellant and there was exchange of abuses and both injured and appellant grappled and in that process, single injury has been caused to him. Be that as it may, the appellant has been in custody for about a month and the appeal is not likely to come up for hearing in near future.
Having considered the totality of facts and circumstances of the case, and keeping in view the arguable law point involved in the appeal as the eye witness stated that the injury was inflicted by lathi whereas the injury report shows the injury by sharp edged weapon and Doctor opined the injury to be grievous without there being any basis which he admitted in his statement. On being examined by the Radiologist, there was no bony injury as also Citi Scan was normal and looking to the short sentence, I think it just and proper to suspend the substantive sentence of imprisonment awarded to the accused appellant/applicant.
Accordingly, the bail application filed under Sec. 389
Cr.P.C. is allowed and it is ordered that the substantive sentence of imprisonment passed by the learned Additional Sessions
Judge (Fast Track), Chittorgarh vide judgment dt. 31.7.2007 in sessions case No. 25/2007 (15/2007) against applicant
-appellant Laxman S/o Hari Kishan Oad shall remain suspended till final disposal of the aforesaid appeal provided he executes a personal bond in the sum of Rs. 20,000/- with two sureties of
Rs.10000/- each to the satisfaction of the learned trial Judge for his appearance before this court on 20/9/2007 and whenever ordered to do so with the incorporation in the bond that as and when he will shift his place of residence, he will intimate to this
Court and his lawyer about his new place of residence.
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