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2005 DIGILAW 3089 (RAJ)

Bhakar Ram v. State of Rajasthan

2005-11-22

MANAK MOHTA

body2005
Judgment 1.We have heard learned Counsel for the parties as well as perused the record. 2. The case of the present applicant is not distinguishable from the case of the co-accused Ram Kuwar, whose sentence has been suspended by this Court. .3. Keeping in view the facts and circumstances of this case, we feel it just and proper to suspend the sentence of the appellant. Accordingly, the bail application is allowed and it is ordered that the sentence passed by the learned Special Judge, S.C/S.T. (Prevention of Atrocities) Cases and Additional Sessions Judge, Merta vide his Judgment dated 18.08.2005 against the appellant Bhakar Ram S/o Teja Ram shall remain suspended till the final disposal of the aforesaid criminal appeal provided he executes a personal bond in the sum of Rs. 20,000/-alongwith two sureties in the sum of Rs. 10,000/-each to the satisfaction of the learned Special Judge, S.C/S.T. (Prevention of Atrocities) Cases and Additional Sessions Judge, Merta for his appearance in this Court on 10.01.2006 and subsequently before the trial Court on the following conditions: 1. That he/she/they will appear before the trial Court in the month of January every year till the appeal is decided. 2. That if the appellant (s) change the place of residence, he/she//they will give the changed address in writing to the trial Court, High Court as well as to his/her/ their Counsel in the High Court. 3. Similarly if sureties change their address, they will give in writing their changed address to the trial Court. 4. The learned trial Court shall keep the record of attendance of the accused appellant(s) in a separate file. Such file be registered as criminal misc. case related to the Sessions Case in which the accused appellant(s) was/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 appellant(s) do/does not appear before the trial Court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.