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Laxman and Another vs State of Rajasthan

Rajasthan High Court · Decided on 5 September 2011 · Citation: (2011) 09 RAJ CK 0051

HON’BLE JUDGES
S.S. Kothari, J · Mohammad Rafiq, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 389 · Penal Code, 1860 (IPC) — Section 120B, 201, 302B
CASE NUMBER
Criminal Miscellaneous Application for Suspension of Sentence No. 849 of 2011 in Criminal Appeal No. 699 of 2011
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Judgment

4 paragraphs · 200 words
1.

This application u/s 389 Code of Criminal Procedure has been filed by applicant-Appellants Laxman and Nathulal for suspension of sentence awarded by the learned trial court vide judgment and order dated 28/5/2011 passed in Sessions case No. 23/2008 for offences Under Sections 302, 201 and 120B IPC.

2.

We have heard learned Counsel for the parties and perused the record.

3.

Without expressing any opinion on the merits of the case but in the facts and circumstances of the case, we are inclined to suspend the sentence awarded to the accused-Appellants.

4.

In the result, this application for suspension of sentence u/s 389 Code of Criminal Procedure is allowed and it is directed that the sentence awarded to applicant-Appellants -(1) Laxman S/o Shri Ramdev Jat and (2) Nathulal S/o Shri Girdhari Jat shall remain suspended during the pendency of their criminal appeal provided, each of them furnishes a personal bond in the sum of Rs. 50,000/-(Rupees Fifty Thousand only) together with two sureties in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the trial Court for their appearance before this Court on 10/10/2011 and on all dates of hearing unless otherwise directed.