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2004 DIGILAW 622 (RAJ)

Khemraj v. State of Rajasthan

2004-04-20

SHASHI KANT SHARMA, Y.R.MEENA

body2004
JUDGMENT 1. 1. Heard learned counsel for the parties. 2. Learned counsel for the accused applicant submits that accused applicant has been convicted U/s. 325 IPC and he has been sentenced to undergo 3 years' simple imprisonment with a fine of Rs. 500/- and in default of payment of fine, one month additional simple imprisonment. He further submits that this sentence has already been suspended by the trial court for a month. 3. These facts are not controverted by either by learned PP or by learned counsel for the complainant. 4. Considering the submissions of learned counsel for the parties, we are inclined to suspend the execution of the sentence of the accused applicant Khemraj S/0 Girraj till disposal of the appeal. 5. It is, therefore, ordered that the execution of the sentence of the accused applicant Khemraj S/o Girraj shall remain suspended till disposal of the appeal and he be released on bail provided he furnishes a personal bond in the sum of Rs. 40,000/- (In words Rs. Forty Thousand) with two sureties of Rs. 20,000/- (In words Rs. Twenty Thousand) each to the satisfaction of the trial court concerned to the effect that he will appear before this Court on 20.5.2004 and as and when called upon to do so. 6. Heard learned counsel for the parties on the application for stay of conviction also. 7. Mr. Harendra Singh, teamed counsel for the accused applicant submits that accused applicant is a Government Servant and unless the conviction is stayed, he may not be taken on duty. 8. Learned counsel for the complainant has not seriously objected in case the conviction is stayed. 9. Considering the submissions, we are inclined to stay the conviction of the accused applicant Khem Raj, S/o Girraj till disposal of the appeal. 10. The application stands disposed of, as ordered above.Application disposed of as above. *******