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RAKSHPAL SHARMA v STATE - CRLAB Case No. 891 of 2007 [2007] RD-RJ 3956 (14 August 2007)

S.B.Cr.Misc. Bail App. No. 891/2007



(Rakshpal Sharma Vs. State of Rajasthan)

Date of order : 14/8/2007


Mr. Sandeep Mehta for the applicant-appellant.

Mr. J.P.S.Choudhary, Public Prosecutor.

Heard learned counsel for the appellant-applicant and public prosecutor for the State on the application for suspension of sentence. Perused the judgment and order impugned.

It is contended by learned counsel for the appellant- applicant that the appeal has been admitted and sentence awarded by the trial court is less than three years and has been suspended by the trial court for 30 days and appeal is not likely to come up for hearing.

Having considered the totality of facts and circumstances of the case and looking to the short sentence and the fact that the appeal is not likely to come up for hearing, I think it just and proper to suspend the sentence 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 sentence passed by the learned Sessions Judge, A.C.D. Cases, Bikaner vide judgment dt. 24.7.2007 in sessions ACD case No. 110/97

(11/94) against applicant-appellant Rakshpal Sharma S/o Shri

Pokarmal Sharma 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 14.9.2007 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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