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2006 DIGILAW 1971 (RAJ)

PRABHU LAL v. STATE OF RAJASTHAN

2006-06-01

H.R.PANWAR

body2006
Judgment ( 1 ) HEARD learned counsel for the appellant-applicant and the Public Prosecutor for the State as also the counsel for the complainant. Perused the judgment and order impugned of the court below as well as the record of the trial court. ( 2 ) ADMIT. Issue notice. Mr. JPS Chaudhary, Public prosecutor, accepts notice. Heard on the application for suspension of sentence. ( 3 ) VICTIM-COMPLAINANT Kesar appeared before this Court and submits that she has filed an affidavit compromising the matter with the appellant-applicant as also an application for compounding the offence stating therein that she has compromised the matter and the appellant-applicant is her elder brother-in-law (Jeth) and she does not oppose his release. ( 4 ) HAVING considered the totality of the facts and circumstances of the case, though offence is not compoundable, however, keeping in view the fact that the parties have compromised the matter, I think is just and proper to suspend the substantive sentence of imprisonment awarded to the appellant-applicant. ( 5 ) ACCORDINGLY, the bail application filed under Section 389 Cr. P. C. is allowed and it is ordered that the substantive sentence of imprisonment passed by the learned Additional sessions Judge and Special Judge, SC/st (Prevention of Atrocities)Act Cases, Pratapgarh, vide judgment dated 17-3-2006 in sessions Case No. 4/2005 (95/2004) against appellant-applicant prabhu Lal S/o Ram Lal 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. 10,000/- each to the satisfaction of the learned trial Judge for his appearance before this Court on 10-7-2006 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.