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H.L.DATTU, TARUN CHATTERJEE
Angana – Appellant
Versus
State of Rajasthan – Respondent


Advocates appeared:
For the Appellants :H.D. Thanvi, Ms. Archana Tiwari, A.V. Kotemath and Ms. pratibha Jain, Advocates.
For the Respondent:Dr. Manish Singhvi, A.A.G., Milind Kumar, Advocates.

ORDER

1. Leave granted.

2. This appeal is directed against the order passed by the High Court of Judicature for Rajasthan, Bench at Jaipur, in S.B. Cr. Misc. (SOS) Application No. 781/2008 in Criminal Appeal No. 758/2008 dated 22.8.2008. By the impugned order, the High Court while admitting the appeal has rejected the application seeking bail/suspension of sentence filed by the appellant.

3. Facts in brief are as follows; Complainant PW/2, namely, Bhobal submitted a written report at police station on 6.3.1993, stating that on 6.3.1993, complainant and other members were sleeping in the house when accused/appellants and others who are acquitted, with the intention of stealing/looting and killing, came inside the house. One Shanti heard some noise and started shouting. Listening to her cries other members came out and saw that accused/appellants and other were having kattas. Then accused/appellants and other started assaulting them by gun fire and pelting stones which in turn caused serious injuries to complainant and other. Investigation was conducted and a case was registered under sections 147, 148, 149, 323, 452 and 307 of the IPC against fourteen persons on 6.3.1997 and was com

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