Uda Ram vs State Of Rajasthan
2021 Latest Caselaw 16488 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 936/2021

Uda Ram S/o Kachhaba Ram, Aged About 40 Years, R/o Samdari Road, Balotra, District Barmer. (At Present Lodged In Sub Jail, Balotra)

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

----Respondent

For Appellant(s) : Mr.C.S.Rajpurohit, Adv. For Respondent(s) : Mr.S.S.Rajpurohit, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

28/10/2021

Heard.

Admit

Heard learned counsel for the appellant and learned public

prosecutor on Application for Suspension of Sentence

No.642/2021.

Having considered the totality of facts and circumstances of

the case and keeping in view the fact that the appellant was on

bail during trial, I consider it just and proper to suspend 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 Cases,

Balotra vide judgment dated 29.09.2021 in Sessions Case

No.30/2016 against the accused-appellant Uda Ram S/o Kachhaba

(2 of 2) [CRLAS-936/2021]

Ram shall remain suspended till final disposal of the aforesaid

appeal subject to 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 29.11.2021 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.

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

186-NK/-

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