Rajasthan High Court - Jodhpur
Chunnilal vs State Of Rajasthan on 8 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. 184/2021
in
S.B.Criminal Appeal No.1874/2017
Chunnilal S/o Nanda Dangi, Aged About 43 Years, R/o Gilund
P.S. Sambhupura, District Chittorgarh.
(Presently Lodged In Central Jail Udaipur).
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr.Umesh Kant Vyas, Adv.
For Respondent(s) : Ms.Anita Gehlot, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
08/04/2021
This is the second application under Section 389 Cr.P.C. for
suspension of sentence.
Learned counsel for the appellant submits that the appellant
was on bail during trial. He is inside the jail for more than 3 years
and the hearing of the appeal will take a sufficient long time.
Therefore, the sentence awarded to the appellant may be
suspended during the pendency of the appeal.
Learned Public Prosecutor opposed the prayer of the
appellant. However, he submitted a report indicating that the
appellant is in judicial custody for more than three years.
Having considered the totality of facts and circumstances of
(2 of 3) [SOSA-184/2021]
the case and keeping in view the fact that the appellant was on
bail during trial, I consider it just and proper to suspend the
substantive sentence awarded to the accused appellant.
Accordingly, the second bail application filed by the appellant
under Sec.389 Cr.P.C. is allowed and it is ordered that the
substantive sentence passed by the learned Special Judge, NDPS
Act Cases No.2, Chittorgarh vide judgment dated 20.09.2017 in
Sessions Case No.181/2014 (33/2006) against the accused-
appellant-Chunnilal S/o Nanda Dangi shall remain suspended till
final disposal of the aforesaid appeal subject to depositing the fine
amount. The appellant 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 before this court on 10.05.2021 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:-
1. That he will appear before the trial Court in the
month of January of every year till the appeal
is decided.
2. That if the appellant changes the place of
residence, he will give in writing his changed
address to the trial Court as well as to the
counsel in the High Court.
3. That similarly, if the sureties change their
addresses, they will give in writing their
changed address to the trial Court.
4. That the appellant shall deposit the fine
amount as directed by the trial court.
The learned trial Court shall keep the record of attendance of
the accused-appellant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
(3 of 3) [SOSA-184/2021]
appellant was 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
accused-appellant does not 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
113-NK/-
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