HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 605/2021
1. Suresh Chandra S/o Shankar Ji, Aged About 26 Years, B/c Balai, R/o Turkadi, P.s. Begu, District Chittorgarh. (Presently Lodged Central Jail, Sri Ganganagar)
2. Babu Lal S/o Shankar Lal, Aged About 26 Years, B/c Dhakad, R/o Turkadi, P.s. Begu, District Chittorgarh. (Presently Lodged Central Jail, Sri Ganganagar)
----Petitioners Versus State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. R.K. Charan For Respondent(s) : Mr. Laxman Solanki, PP HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order 27/10/2021 Heard learned counsel for the appellants as well as learned Public Prosecutor.
Learned counsel for the appellants submits that both the accused-appellants are in custody for last more than eight years and hearing of the appeal will take sufficient long time, therefore, the sentence of the appellants may kindly be suspended.
Learned Public Prosecutor does not oppose the prayer made by the counsel for the appellants.
Upon a consideration of the arguments advanced on behalf of the appellants and having regard to the facts and circumstances of the case, this court is of the opinion that it is a fit case for (Downloaded on 27/10/2021 at 09:24:55 PM) (2 of 3) [SOSA-605/2021] suspending the substantive sentence awarded to the accused appellants.
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentences passed by the learned Special Judge, NDPS Act Cases, Hanumangarh, vide judgment dated 19.12.2019 in Sessions Case No.11/2014 (CIS No.191/2014) against the appellants-applicants (1) Suresh Chandra S/o Shankar Ji & (2) Babu Lal S/o Shankar Lal, shall suspended till final disposal of the aforesaid appeal subject to the condition that the appellants shall deposit the fine amount as imposed by the learned trial Court and they will be released on bail, provided execute a personal bond in the sum of Rs.2,00,000/- each with two sureties of Rs.1,00,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 29.11.2021 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.
2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.
3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.
4. Appellants shall deposit the fine amount as imposed by the learned trial court.
The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the (Downloaded on 27/10/2021 at 09:24:55 PM) (3 of 3) [SOSA-605/2021] accused-applicant(s) was/were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(MANOJ KUMAR GARG),J 147-Ishan/-
(Downloaded on 27/10/2021 at 09:24:55 PM) Powered by TCPDF (www.tcpdf.org)