Rajasthan High Court - Jodhpur
Neelam vs State Of Rajasthan on 5 March, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 70/2021
Neelam W/o Mahavir Luhar D/o Madan Lal, Aged About 38 Years,
resident of A-9, Purana Bapu Nagar, PS Pratap Nagar, Bhilwara,
Rajasthan. (At Present Lodged In Jail, Bhilwara).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Neeraj Kumar Gurjar.
For Respondent(s) : Mr. Sudhir Tak, P.P.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment / Order
05/03/2021
Heard learned counsel for the appellant as well as learned
Public Prosecutor and perused the record of the case.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the fact that the recovered
contraband is below commercial quantity, this Court is of the
opinion that it is a fit case for suspending the substantive
sentence awarded to the accused appellant.
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,
(N.D.P.S. Cases), Bhilwara, vide judgment dated 18.01.2021 in
Sessions Case No.30/2017 against the appellant-applicant Neelam
W/o Mahavir Luhar, shall remain suspended till final disposal of the
aforesaid appeal and he shall be released on bail subject to
(2 of 2) [SOSA-70/2021]
deposit the fine amount as imposed by the learned trial Court,
provided he executes a personal bond in the sum of Rs.2,00,000/-
with two sureties of Rs.1,00,000/- each to the satisfaction of the
learned trial Judge for his appearance in this court on 05.04.2021
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
167-Prashant/-
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