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Judgment
Heard learned counsel for the accused applicant/appellant,
learned Public Prosecutor.
It is submitted that the trial Court convicted the
applicant/appellant for the offences under Sections 323 and 325
IPC and imposed punishment for three years, however, there is no
findings against the accused appellant for said offences, therefore,
the sentence awarded to the applicant/appellant may trial be
suspended.
Learned Public Prosecutor and the learned counsel appearing
on behalf of complainant vehemently opposed the prayer made by
the learned counsel for the applicant.
After considering entire facts and considering the evidence,
without expressing any opinion on merits, we deem it appropriate
to suspend the sentence awarded to accused-appellants.
Accordingly, this application for suspension of sentence is allowed
and it is ordered that the sentence awarded by learned Additional
Sessions Judge, Banswara vide judgment dated 20.05.2017 in
Session Case No.60/2016 against the applicant/appellant, Smt.
Ratan W/o Shri Khoma, shall remain suspended till the final
disposal of aforesaid appeal and she may be released on bail
provided she executes personal bond in the sum of Rs. 50,000/-
along with two sureties in the sum of Rs.25,000/- each to the
satisfaction of the trial court for her appearance before this Court
on 03.07.2017 and whenever ordered to do so till the disposal of
the appeal on the conditions indicated below:-
That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.
That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.
Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.
The learned trial Court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(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 applicant(s) does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.