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2006 DIGILAW 3037 (RAJ)

Dhirendra v. State of Rajasthan

2006-11-15

K.C.SHARMA

body2006
JUDGMENT 1. - All the above named accused applicants have been convicted for offence under Section 395 read with Section 397 IPC for having committed a bank robbery and have been sentenced to undergo rigorous imprisonment for 7 years. Accused applicants Jitendra and Praveen Kumar have also been convicted for offence under Sections 3/25 and 4/25 of the Arms Act respectively. Their earlier applications for suspension of execution of sentence were dismissed by this Court taking into consideration the merits of the case. Now, these applications have been filed only on the ground of delay in hearing of the appeal. 2. Learned counsel for the accused applicants submit that all the accused applicants were arrested on 6th July, 2001 and since then they are behind the bars and have already undergone sentence of about five years five months without remission. In the facts and circumstances of the case, there is no likelihood of the appeal being heard at an early date. On this strength, learned counsel for the applicants prayed for suspension of execution of the sentence. 3. Learned Public Prosecutor on the other hand, pointing out the evidence available on record against the . appellant, has objected the applications but could not be able to dispute the fact that the accused applicants are behind the bars for more than 5 years and 5 months and that there is no likelihood of the appeal hearing at an early date. 4. After hearing learned counsel for the ' parties and taking into consideration the period already undergone by the applicants and also the fact that there is no likelihood that the appeal can be heard at an early date, consider it just and proper to suspend sentence of imprisonment and to release the accused applicants on bail. 5. It is, therefore, ordered that the the sentence imposed upon the accused applicants namely; (1) Jitendra Kumar, (2) Mukesh, (3) Dhirendra and (4) Praveen shall remain suspended and they shall be released on bail provided each of them furnishes a personal bond in the sum of Rs. 20,000/- (Rupees Twenty Thousand) with two solvent sureties in the sum of Rs. 10,000/- each to the satisfaction of the trial court for their appearance before this Court on 18th December, 2006 and as and when called upon to do so durinn nendencv of the anneal.Sentence Suspended - Bail Granted. *******