Rajasthan High Court - Jodhpur
Dhalla Ram vs State Of Rajasthan on 5 April, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc 2nd Suspension Of Sentence Application
(Appeal) No. 244/2021
Dhalla Ram S/o Dungarji Choudhary, Aged About 56 Years, R/o
Shikarpura, P.S. Luni, Dist. Jodhpur.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ravindra Kumar Acharya.
For Respondent(s) : Mr. Mool Singh Bhati, P.P.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
05/04/2021
This is the second application for suspension of sentence.
The first bail application preferred by the appellant was dismissed
as not pressed vide order dated 19.04.2018.
Heard learned counsel for the appellant as well as learned
Public Prosecutor and perused the record of the case.
Learned counsel for the appellant submits that the appellant
was on bail during the trial and no other case of similar nature
under NDPS Act has been registered against him. The appellant is
inside the jail for more than 3 years and 9 months and hearing of
the appeal will take sufficient long time. Therefore, the sentence
awarded to the appellant may be suspended during the pendency
of the appeal.
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
(2 of 3) [SOSA-244/2021]
suspending the substantive sentence awarded to the accused
appellant.
Accordingly, the present second application for suspension of
sentence is allowed and it is ordered that the substantive sentence
passed by the learned Special Judge, N.D.P.S. Act Cases No.2,
Chittorgarh, vide judgment dated 02.01.2018 in Sessions Case
No.198/2014 (73/2011) against the appellant-applicant Dhalla
Ram S/o Dungarji Choudhary, shall remain suspended till final
disposal of the aforesaid appeal and he shall be released on bail
subject to deposit the fine amount as imposed by the learned trial
Court, 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 05.05.2021 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. Appellant 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
accused-applicant(s) was/were tried and convicted. A copy of this
order shall also be placed in that file for ready reference. Criminal
(3 of 3) [SOSA-244/2021]
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
169-Prashant/NK
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