JUDGEMENT
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(1.) Heard. Perused the judgment and order impugned
and record of the trial court. I have carefully gone through the
statement of prosecutrix. In her statement, the prosecutrix
stated that her age is 40 years. She further stated that what
Babulal said, the same statement has been made by her in the
Court.
(2.) Admit. Issue notice.
Mr. J.P.S.Choudhary, P.P. accepts notice on behalf
of State.
Heard learned counsel for the parties on the
application for suspension of sentence.
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 Sessions Judge, Jodhpur
vide judgment dt. 29.4.2006 in sessions case No.197/2005
against applicant -appellant Chandra Ram S/o Jagga Ram 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
11/7/2006 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.;
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