Rajasthan High Court - Jodhpur
Bhikha Ram vs State Of Rajasthan on 25 October, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 876/2021
Bhikha Ram S/o Shri Achlaram, Aged About 67 Years, R/o
Darguda, Police Station Sinadhari, District Barmer (Presently
Lodged At Central Jail, Jodhpur)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Mahender Kumar Dudy
For Respondent(s) : Mr. Mukesh Trivedi PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
25/10/2021
Heard.
Admit. Learned Public Prosecutor accepts notice on behalf of
the appellant-State.
Heard on application for suspension of sentence No.584/2021.
Upon a consideration of the arguments advanced on behalf of
the appellant and having regard to the facts and circumstances of
the case, hearing of the appeal will take sufficient long time, 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 Special Court (NDPS CASES),
(Session Judge), Balotara, vide judgment dated 15.09.2021 in Case
(NDPS ACT) No. 12/2016 (12/2016) against the appellant-applicant
Bhikha Ram S/o Shri Achlaram shall remain suspended till final
(2 of 2) [CRLAS-876/2021]
disposal of the aforesaid appeal subject to the condition that the
appellant will deposit the fine amount as imposed by the learned trial
Court and he will 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 in this court on 25.11.2021 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
4-Samvedana/-
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