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RAM LAL & ANR. v STATE - CRLAB Case No. 1119 of 2006  RD-RJ 869 (13 February 2007)
D.B. CRIMINAL MISC. BAIL APPLICATION (SUSPENSION OF
D.B. CRIMINAL APPEAL NO.897/2006
DATE OF ORDER : 13.02.2007
HON'BLE MR. JUSTICE N.N.MATHUR
HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS
Mr. Sandeep Mehta with
Mr. Vineet Jain, for the appellants.
Mr. JPS Choudhary, Public Prosecutor.
We have heard learned counsel for the appellants, learned Public Prosecutor and perused the record.
It is contended by the learned counsel for the appellants that conviction of both the appellants namely Ram Lal and Ganga Ram is solely on the basis of recovery of weapon of offence. Criticizing the evidence of recovery, it is contended that the same is highly belated.
On the other hand, learned Public Prosecutor opposed the bail application.
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 appellants. Accordingly, the bail application is allowed and it is ordered that the sentence passed by the learned Additional
Sessions Judge (Fast Track), No.2, Bikaner vide his judgment dated 27.09.2006 against the appellants (1) Ram Lal S/o Sahi
Ram and (2) Ganga Ram S/o Bhajan Lal shall remain suspended till the final disposal of the aforesaid criminal appeal provided they execute 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 (Fast Track)
No.2, Bikaner for their appearance in this Court on 02.04.2007 and subsequently before the trial court on the following conditions:- 1. That they will appear before the trial court in the month of
January every year till the appeal is decided. 2. That if the appellants change the place of residence, he will give the changed address in writing to the trial court, High
Court as well as to his 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 appellants in a separate file. Such file be registered as Criminal Misc. Case related to the Sessions Case in which the accused appellants were 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 appellants do 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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