Rajasthan High Court - Jodhpur
Manish Kumar vs State Of Rajasthan (2025:Rj-Jd:4440) on 23 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:4440]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1788/2024
1. Manish Kumar S/o Babulal Teli (Rathore), Aged About 38
Years, Brahamapuri, Decain, P.S. Ratangarh, Distt. Neemach
(MP) (Confined In Distt. Jail, Chittorgarh)
2. Vimal Kumar S/o Satyanarayan Prajapat, Aged About 36
Years, R/o Near Ratangarh Bus Stand, Police Station Ratangarh,
District Neemach (MP) (Confined In Distt. Jail, Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Bhagirath Ray Bishnoi
For Respondent(s) : Mr. N.K. Gurjar, GA cum AAG with
Mr. Narendra Gehlot
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment 23/01/2025 Heard learned counsel for the parties and perused the material available on record.
Learned counsel for the appellants submits the recovered contraband is below commercial quantity. Counsel further submits that the appellants were on bail during the trial and the trial court convicted the appellants only on the basis of recovered contraband being below commercial quantity and hearing of the appeal will take sufficiently long time, therefore, the sentence of the appellants may kindly be suspended.
Learned Public Prosecutor opposed the prayer for suspension of sentence.
(Downloaded on 23/01/2025 at 11:29:43 PM) [2025:RJ-JD:4440] (2 of 3) [SOSA-1788/2024] Upon a consideration of the arguments advanced on behalf of the appellants and having regard to the facts and circumstances of the case including the facts that the appellants were on bail during the trial and hearing of the appeal is likely to take time, therefore, 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 sentence passed by learned Special Judge, NDPS Act Cases No.1, Chittorgarh vide judgment dated 09.12.2024 in Sessions Case No.31/2010 against the appellant-applicants - 1. Manish Kumar S/o Babulal Teli (Rathore) and 2. Vimal Kumar S/o Satyanarayan Prajapat, shall remain suspended till final disposal of the aforesaid appeal provided they execute 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 25.02.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
1. That they will appear before the trial Court in the month of January of every year till the appeal is decided.
2. That if the applicants change the place of residence, they will give in writing 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, 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-applicants in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- applicants were tried and convicted. A copy of this order shall also (Downloaded on 23/01/2025 at 11:29:43 PM) [2025:RJ-JD:4440] (3 of 3) [SOSA-1788/2024] 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 applicants do 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 144-mSingh/-
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