Research › Browse › Judgment

Rajasthan High Court · body

1993 DIGILAW 599 (RAJ)

Sher Khan v. State of Rajasthan

1993-09-17

N.K.JAIN

body1993
JUDGMENT 1. - On 19-4-93 and 25-5-93 when the earlier applications for suspension of sentence were rejected the counsel for the petitioner was not present. Now, this is third bail application moved by Sher Khan. 2. Mr. Kumbhat submits that according to PW 4 Smt. Sayari. accused Asgar Khan and Sher Khan inflicted lathi blow on the head of Subhan Khan whereas as per Doctor there is only one injury on the left parietal temporal part of head and, therefore, the petitioner may be granted bail as the case cannot go beyond Section 325 IPC. He also submits that the accused has already remained in jail for 11/2 years. He has relied on Dhan Raj v. State, 1992 RCC.75 and Ganesh Lal v. State 1987 WLN U.C. 557 . 3. Learned Public Prosecutor has not disputed the same. 4. Heard learned counsel for the parties. 5. Under the facts and circumstances of the case I deem it just and proper to suspend the sentence awarded to the petitioner Sher Khan, It is ordered that the sentence awarded to the petitioner shall remain suspended during the pendency of the appeal provided he furnishes a personal bond in the sum of Rs. 20.000/- with two sureties of Rs. 10 000/- each to the satisfaction of learned Addl. Sessions Judge No. 1, Jodhpur to appear before his Court as and when called upon to do so and to receive the sentence and if not required in any other case.Order accordingly. *******