Rajasthan High Court - Jodhpur
Amal Barman vs State Of Rajasthan (2025:Rj-Jd:5374) on 28 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:5374]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1806/2024
1. Amal Barman S/o Dhaneshwar, Aged About 37 Years, R/o
Falimari, P.s. Kotwali, Dist. Kuch Behar (West Bengal)
(Lodged In Central Jail, Ajmer)
2. Shivnath Sarkar S/o Magalchand, Aged About 29 Years,
R/o Makkala, P.s. Kotwali, Dist. Kuch Behar (West Bengal)
(Lodged In Central Jail, Ajmer)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Pradeep Choudhary
Ms. Sampatti Choudhary
For Respondent(s) : Mr. Kuldeep Singh Kumpawat,
Assistant to Mr. Deepak Choudhary,
AAG
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order 28/01/2025 Heard learned counsel for the appellants as well as learned Assistant to Addl. Advocate General and perused the material available on record.
Learned counsel for the appellants submits that the recovered contraband is below commercial quantity and no other antecedent against the present appellants and the appellants were on bail during the trial and hearing of the appeal will take sufficient long time. Therefore, the sentence may kindly be suspended.
Learned Assistant to Addl. Advocate General opposed the prayer made by the counsel for the appellants. (Downloaded on 28/01/2025 at 11:01:49 PM) [2025:RJ-JD:5374] (2 of 3) [SOSA-1806/2024] Upon a consideration of the arguments advanced on behalf of the appellants and having regard to the facts and circumstances of the case, the appellants were on bail during the trial, therefore, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused appellants.
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C (430 BNSS) is allowed and it is ordered that the sentence in the judgment dated 27.11.2024 passed by the learned Special Judge, NDPS Act Cases, Merta, against the appellants-applicants (1) Amal Barman S/o Dhaneshwar & (2) Shivnath Sarkar S/o Magalchand, shall remain suspended till final disposal of the aforesaid appeal and they will be released on bail, provided they execute personal bond in the sum of Rs.2,00,000/- each with two sureties of Rs.1,00,000/- each (out of which one surety shall be of local resident) to the satisfaction of the learned trial Judge for their appearance in this court on 03.03.2025 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 (Downloaded on 28/01/2025 at 11:01:49 PM) [2025:RJ-JD:5374] (3 of 3) [SOSA-1806/2024] 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 111-Ishan/-
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