Chhaganlal vs State
2021 Latest Caselaw 5335 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 863/2020

Chhaganlal S/o Sh. Heeraji, Aged About 55 Years, R/o Godaws, P.S. Guda Endla, District Pali, Rajasthan.

(At Present Lodged In Central Jail, Jodhpur).

----Petitioner Versus State of Rajasthan through PP

----Respondent

For Petitioner(s) : Mr.B.S.Rathore, Adv. For Respondent(s) : Mr.Mool Singh Bhati, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order 24/02/2021

Heard learned counsel for the appellant as well as learned

Public Prosecutor and perused the record.

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

suspending the substantive sentence awarded to the accused-

appellant.

Accordingly, the 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,

Jalore, Distt. Jalore vide judgment dated 23.11.2020 in Special

Sessions Case No.19/2016 (59/2012) [CIS No.19/2016] against

the accused-appellant Chhaganlal S/o Heeraji shall remain

suspended till final disposal of the aforesaid appeal subject to

(2 of 2) [SOSA-863/2020]

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

24.03.2021 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 within a period of one month from today.

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-

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

147-NK/-

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