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RATAN LAL & ORS v STATE - CRLAB Case No. 500 of 2006 [2006] RD-RJ 1182 (18 May 2006)

S.B. Criminal Misc. II Bail Application No.500/2006 in

S.B. Criminal Appeal No. 329/2006

(Ratan Lal . Vs. State of Rajasthan)

Date of Order: May 18, 2006


Mr. Sandeep Mehta, for the appellant-applicant.

Mr. JPS Chaudhary, Public Prosecutor for the State.

Mr. B.S. Rathore, for the complainant.

S.B. Criminal Misc. Application No. 242/2006 has been filed by complainant-applicant Lokendra Singh seeking permission to compound the offences. Accused-appellants have been convicted, apart from the other offences, also for the offence under Section 307/149 IPC, which is not compoundable and, therefore, the effect of application will be considered at the time of hearing of the appeal itself.

By filing S.B. Criminal Misc. Second Bail Application

No. 500/2006, appellant Ratan Lal seeks suspension of sentence.

I have heard learned counsel for the appellant- applicant and the Public Prosecutor, as also the counsel appearing for the complainant.

Mr. B.S. Rathore, Learned counsel for the complainant, submits that the complainant has compromsied the matter with the appellant-applicant and if the sentence awarded to appellant-applicant is suspended, the complainant has no objection. It is also pointed out that there is a cross-case and in that cross-case also, a compromise has been arrived at between the parties.

Having regard to the facts and circumstances of the case and keeping in view the fact that the parties have compromised the matter, I think is just and proper to suspend the substantive sentence of imprisonment awarded to the appellant-applicant.

Accordingly, the bail application filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentence of imprisonment passed by the Additional Sessions

Judge (Fast Track) No.1, Bhilwara, vide judgment dated 1.4.2006 in Sessions Case No. 36/2005 against appellant- applicant Ratan Lal S/o Shri Bal Chand 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.10,000/- each to the satisfaction of the learned trial Judge for his appearance before this Court on 12-7-2006 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.

(H.R. PANWAR), J. mcs 4


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