KALIYA ALIAS KALU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is third bail application seeking suspension of sentence awarded to applicant-appellant Kaliya @ Kalu by judgment and order dated 23.1.2006 passed by Additional Sessions Judge (Fast Track) No.1, Jodhpur (for short 'the trial court' hereinafter), whereby the trial court convicted the appellant-applicant for the offences under Sections 341 and 307 IPC and sentenced him to undergo seven years' simple imprisonment and a fine of Rs. 5000/-, in default of payment of fine, further to undergo one year imprisonment for the offence under Section 307 IPC and one month's simple imprisonment for the offence u/s 341 IPC.

(2.) The applicant-appellant earlier filed a bail application seeking suspension of sentence which came to be dismissed on 01.02.2006 as it was not pressed by the counsel for the applicant-appellant though at the relevant time, the record of the trial court was available. The office report dated 28.1.2006 shows that the record has been received. After dismissal of the first bail application, within a month the applicant- appellant filed a second bail application seeking suspension of sentence on 24.2.2006 which came to be dismissed by elaborate order dated 08.03.2006.

(3.) I have heard learned counsel for the applicantappellant and public prosecutor for the State and carefully gone through the judgment and order impugned as also record of the trial court.