Rajasthan High Court - Jodhpur
Dhanna Ram vs State Of Rajasthan (2025:Rj-Jd:57) on 2 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:57]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1746/2024
Dhanna Ram S/o Pabu Ram @ Babu Ram, Aged About 62 Years,
R/o Modkiya Ps Bap, Dist. Jodhpur. (Lodged In Central Jail,
Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ramniwas Bishnoi
For Respondent(s) : Mr. Hanuman Prajapati, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order 02/01/2025 Heard learned counsel for the appellant as well as learned Public Prosecutor and perused the material available on record.
Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case including the facts that the recovered contraband is below commercial quantity and the appellant was on bail during the trial and there is no chance of hearing of the present appeal in near future, 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. (430 of BNSS) is allowed and it is ordered that the sentence passed by the learned Special Judge, NDPS Cases, Pokaran (Addl. Sessions Judge, Pokaran, District Jaisalmer), vide judgment dated 10.12.2024 in Sessions Case (Downloaded on 02/01/2025 at 09:29:59 PM) [2025:RJ-JD:57] (2 of 2) [SOSA-1746/2024] No.16/2018 (07/2017) (39/2012) against the applicant Dhanna Ram S/o Pabu Ram @ Babu 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.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 10.02.2025 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 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 57-MS/-
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