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Rajasthan High Court · body

2005 DIGILAW 3172 (RAJ)

Surendra v. State

2005-11-30

HARBANS LAL

body2005
JUDGMENT 1. - This application for suspension of sentence under Section 389 Cr.PC. has been filed on behalf of applicants-appellants Surendra, Moola Ram, Ram Kumar and Mamraj who have been convicted by the learned Addl. Sessions Judge (Fast Track) No. 2, Jhunjhunu in Sessions Case No. 65/05 (49/2002) for offences under Sections 447/34, 323/34, 325/34 and 307/34 IPC. The maximum sentence awarded to him is four years rigorous imprisonment and fine with default stipulation. 2. Having considered the submissions made at the bar, the short period of sentence awarded to applicants-appellants and there is no immediate prospect of their appeal being heard in near future, I deem it just and proper to suspend their sentence. 3. In the result, this application for suspension of sentence under Section 389 Cr.PC. is allowed and it is directed that the sentence awarded to applicants-appellants Surendra s/o Natha Ram, Moola Ram s/o Asha Ram, Ram Kumar s/o Arjun Ram and Mamraj s/o Hardeva Ram shall remain suspended during the pendency of their criminal appeal provided each of them furnishes a personal bond in the sum of Rs. 20,000/- together with one surety in the like amount to the satisfaction of the trial Court for their appearance before this Court on 3.1.2006 and on all dates of hearing unless otherwise directed. 4. The applicant-appellant No. 1 Surendra is a Government servant and his conviction is stayed during the pendency of this appeal.Application allowed as above. *******