Jamnalal vs State Of Rajasthan
2021 Latest Caselaw 12081 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Suspension of Sentence/Bail No.189/2021 In S.B. Criminal Appeal No. 209/2021

Jamnalal S/o Shri Lakhmichand Brahman, Aged About 74 Years, Bhatoli Bhramharn, Tehsil Badi Sadari, District Chittorgarh, Rajasthan. (At Present Lodged In Central Jail Jodhpur).

----Appellants Versus State Of Rajasthan, Through P.p.

                                                                 ----Respondent


For Appellant(s)           :    Mr. BS Rathore
For Respondent(s)          :    Mr. SS Rajpurohit, PP

HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

Order

03/08/2021

Heard.

This criminal misc suspension of sentence application has

been filed by the applicant along with the criminal appeal.

Counsel for the applicant along with appeal has annexed

certificate under Rule 311(3) Rajasthan High Court Rules wherein

it has been mentioned that the applicant was on bail during the

course of trial, he never misused the liberty of bail granted and

presently he is in jail.

Learned counsel for the appellant submits that the appellant

has been convicted for the offences under Sections 8/18 and 8/29

of the NDPS Act. There is no recovery of contraband from

(2 of 2) [CRLAS-209/2021]

possession of the appellant, he has no criminal antecedent and

during the trial the appellant was on bail.

Counsel further submits that the hearing of the criminal

appeal may take long time, hence, the sentence awarded to the

applicant may be suspended during the pendency of the criminal

appeal and he may be released on bail.

Learned Public Prosecutor has opposed the application.

Having heard the learned counsel for the parties and

carefully scanned the entire material available on record, this

suspension of sentence application is allowed and it is ordered that

execution of sentence vide judgment dated 29.01.2021 in

Sessions Case No.30/2017 awarded to the applicant - Jamnalal

S/o Shri Lakhmichand Brahman shall remain suspended during

the pendency of the criminal appeal and he be released on bail

provided he furnishes a personal bond of Rs.50,000/- together

with two sureties of Rs.25,000/- each, to the satisfaction of the

learned trial court with the stipulation that he shall appear before

this Court on 06.09.2021 and thereafter as and when called upon

to do so.

(GOVERDHAN BARDHAR),J 80-Hanuman/-

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