HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 108/2023 Arvind Kumar S/o Shri Chokha Ram, Aged About 33 Years, R/o Mokhatara Karda Ps Dist. Jalore (Lodged In Dist. Jail Jalore)
----Appellant Versus State Of Rajasthan, Through Pp
----Respondent For Appellant(s) : Mr. Vijay Raj Bishnoi For Respondent(s) : Mr. Anees Bhurat, PP HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order 25/01/2023 Heard.
Admit. No need to issue notice as the respondent-State is being represented by learned Public Prosecutor.
Call for the record.
Heard learned counsel for the appellants and learned public prosecutor on application of suspension of sentence No.68/2023.
Learned counsel for the appellant submits that the accused- appellant is behind the bars since long and the disposal of the present appeal will take time. It is also submitted that the present one is the first case lodged against the petitioner. Therefore, learned counsel for the appellant submits that the sentence awarded to the accused- appellant may be suspended.
Learned Public Prosecutor vehemently opposed the prayer made by the learned counsel for the accused-appellant. (Downloaded on 25/01/2023 at 10:29:52 PM)
(2 of 3) [CRLAS-108/2023] Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellant.
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Special Judge, NDPS Act Cases, Bhinmal, District Jalore, vide judgment dated 20.1.2023 in Sessions Case No. 49/2016 against the appellant-applicant Arvind Kumar S/o Chokha Ram shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 24.2.2023 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.
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 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 (Downloaded on 25/01/2023 at 10:29:52 PM) (3 of 3) [CRLAS-108/2023] 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.
(MADAN GOPAL VYAS),J 31-CPGoyal/-
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