Rajasthan High Court - Jodhpur
Karam Singh vs State Of Rajasthan on 22 February, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 21/2021
1. Karam Singh S/o Sh. Dara Singh, Aged About 40 Years, R/o
Chima Khurd, Ps Saray Amanat Khan, District Tarantal,
Punjab. (At Present Lodged In District Jail, Pratapgarh).
2. Guruvendra Singh S/o Sh. Kundan Singh, aged about 48
years, R/o Chhina Bidichand, P.S. Chabaal, District
Tarantal, Punjab.
(At present lodged in District Jail)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ramesh Chandra Purohit.
For Respondent(s) : Mr. Sudhir Tak, P.P.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
22/02/2021
Heard learned counsel for the appellants as well as learned
Public Prosecutor.
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 fact that, this Court is of the opinion that
it is a fit case for suspending the substantive sentence awarded to
the accused appellants.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
substantive sentence passed by the learned Special Judge, NDPS
Cases, Pratapgarh, Rajasthan, vide judgment dated 14.12.2020 in
Special Sessions Case No.17/2018 against the appellants-
applicants (1) Karam Singh S/o Dara Singh and (2) Guruvendra
(2 of 2) [SOSA-21/2021]
Singh S/o Kundan Singh shall remain suspended till final disposal
of the aforesaid appeal and they shall be released on bail subject
to deposit the fine amount as imposed by the learned trial Court,
provided each of them 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 their appearance in this
Court on 22.03.2021 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
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
146-Prashant/-
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