NEMI CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the appellant-applicant and the Public Prosecutor for the State. Perused the judgment and order impugned of the court below as well as the record of the trial court. Admit. Issue notice. Mr. JPS Chaudhary, Public Prosecutor, accepts notice.

(2.) Heard on the application for suspension of sentence. Having considered the totality of the facts and circumstances of the case and keeping in view the oral arguments advanced by the learned counsel for the parties, I think is just and proper to suspend the substantive sentence of imprisonment awarded to the appellant-applicant.

(3.) Accordingly, the bail application filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentence of imprisonment passed by the learned Additional Sessions Judge, Didwana, district Nagaur,vide judgment dated 26-5-2006 in Sessions Case No. 11/2005 against appellantapplicant Nemi Chand S/o Ratan Lal 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.10,000/- each to the satisfaction of the learned trial Judge for his appearance before this Court on 10-7-2006 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.