RAM LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By an application under Section 5 of the Limitation Act, the applicant-appellant stated that on the date of pronouncement of judgment impugned i.e. 27.4.2005, he was in judicial custody, that shows that the petitioner was in judicial custody even prior to the date of judgment impugned and at least from the date of judgment, he is in judicial custody. As such, the applicant-appellant has undergone the imprisonment for more than a year.

(2.) Having considered the totality of facts and circumstances of the case, I think it just and proper to suspend the substantive sentence of imprisonment awarded to the accused appellant-applicant.

(3.) Accordingly, the bail application filed under Sec. 389 Cr.P.C. is allowed and it is ordered that the substantive sentence of imprisonment passed by the learned Additional Sessions Judge, (Fast Track) No.3, Udaipur Camp Salumbar vide judgment dt. 27.4.2005 in sessions case No. 142/2004 against applicant-appellant Ram Lal S/o Kala Meena 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.10000/- each to the satisfaction of the learned trial Judge for his appearance before this court on 19/7/2006 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.