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Judgment
Roopesh Chandra Varshney, J
Heard on I.A.No. 17900/2023, which is an application under Section 397(1) of Cr.P.C. for suspension of sentence and grant of bail to the petitioners.
By the impugned order of sentence and judgment of conviction, the petitioners were convicted for offence under Section 326/34 of IPC and sentenced to suffer 1 year RI each with fine of Rs. 100/- each.
It is the submission of learned counsel for the petitioners that earlier vide order dated 6/10/2006, petitioners were extended the benefit of suspension of sentence and grant of bail; however, as petitioners could not appear before the Registry of this Court on 26/9/2022, arrest warrant has been issued against them and they have been arrested and sent to jail for undergoing remaining jail sentence. As the petitioners are labourers and gone out of the city for labour work therefore they could not mark their attendance on the said date. They have never misused the liberty.
Looking to the facts and circumstances of the case but without expressing any opinion on the merits of the case, the application is allowed. The remaining part of the jail sentence of petitioners shall remain suspended subject to their furnishing personal bond in the sum of Rs. 25,000/- (Rs. Twenty Five Thousands only) each with one solvent surety each in the like amount to the satisfaction of the trial Court for their appearance before the Registry of this Court on 22/12/2023 and all other subsequent dates as may be fixed by the office in this regard.
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