Suresh Chandra vs State Of Rajasthan
2021 Latest Caselaw 16357 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 605/2021

1. Suresh Chandra S/o Shankar Ji, Aged About 26 Years, B/c Balai, R/o Turkadi, P.s. Begu, District Chittorgarh. (Presently Lodged Central Jail, Sri Ganganagar)

2. Babu Lal S/o Shankar Lal, Aged About 26 Years, B/c Dhakad, R/o Turkadi, P.s. Begu, District Chittorgarh. (Presently Lodged Central Jail, Sri Ganganagar)

----Petitioners Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. R.K. Charan For Respondent(s) : Mr. Laxman Solanki, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

27/10/2021

Heard learned counsel for the appellants as well as learned

Public Prosecutor.

Learned counsel for the appellants submits that both the

accused-appellants are in custody for last more than eight years

and hearing of the appeal will take sufficient long time, therefore,

the sentence of the appellants may kindly be suspended.

Learned Public Prosecutor does not oppose the prayer made

by the counsel for the appellants.

Upon a consideration of the arguments advanced on behalf

of the appellants and having regard to the facts and circumstances

of the case, this court is of the opinion that it is a fit case for

(2 of 3) [SOSA-605/2021]

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 sentences passed by the learned Special Judge, NDPS

Act Cases, Hanumangarh, vide judgment dated 19.12.2019 in

Sessions Case No.11/2014 (CIS No.191/2014) against the

appellants-applicants (1) Suresh Chandra S/o Shankar Ji & (2)

Babu Lal S/o Shankar Lal, shall suspended till final disposal of the

aforesaid appeal subject to the condition that the appellants shall

deposit the fine amount as imposed by the learned trial Court and

they will be released on bail, provided execute a personal bond in

the sum of Rs.2,00,000/- each with two sureties of Rs.1,00,000/-

each to the satisfaction of the learned trial Judge for their

appearance in this court on 29.11.2021 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. Appellants 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

(3 of 3) [SOSA-605/2021]

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 147-Ishan/-

Powered by TCPDF (www.tcpdf.org)