SHANKER LAL Vs. STATE

JUDGEMENT

(1.) This application for suspension of sentence under Sec. 389 Code Criminal Procedure has been filed on behalf of applicant-appellant Shanker Lal who has been convicted by the learned Additional District and Sessions (Fast Track) No.3, Bundi in Sessions Case No.57/2004 for offences under Sections 376/511 Indian Penal Code. The sentence awarded to him is four years Rigorous Imprisonment with fine of Rs. 1,000.00 with default stipulation.

(2.) Having considered the submissions made at the bar, the fact that the parties have come to terms out of court and there is no possibility of his appeal being heard in near future, I deem it just and proper to suspend the sentence of the applicant-appellant.

(3.) In the result, this application for suspension of sentence under section 389 Code Criminal Procedure is allowed and it is directed that the sentence awarded to applicant-appellant Shanker Lal s/o Kalu Lal shall remain suspended during the pendency of his criminal appeal provided he furnishes a personal bond in the sum of Rs. 20,000.00 together with one surety in the like amount to the satisfaction of the trial Court for his appearance before this Court on 14.12.2005 and on all dates of hearing unless otherwise directed. Application allowed.