Hukma Ram vs State Of Rajasthan
2021 Latest Caselaw 16489 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 895/2021

Hukma Ram S/o Bhera Ram, Aged About 56 Years, R/o Kaushalu, Police Station Sindhari, District Barmer. (At Present Lodged In Central Jail, Jodhpur.)

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

----Respondent

For Appellant(s) : Mr. Pritam Solanki. For Respondent(s) : Mr. S.S. Rajpurohit, P.P.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order

28/10/2021

Heard.

Admit. Learned Public Prosecutor accepts notice on behalf of

the respondent-State.

Heard on application for suspension of sentence

No.689/2021.

Learned counsel for the appellant submits that the recovered

contraband is below commercial quantity. The accused-appellant is

in judicial custody and the hearing of the case will take sufficient

long time to be concluded. Therefore, the benefit of bail should be

granted to the accused-appellant.

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.

(2 of 3) [CRLAS-895/2021]

Accordingly, the application for suspension of sentence is

allowed and it is ordered that the substantive sentences passed by

the Learned Special Judge, NDPS Cases (Session Judge) Balotra in

Sessions Case No.18/2016 vide judgment and order dated

18.09.2021 against the appellant-applicant Hukma Ram S/o Bhera

Ram, shall remain suspended till final disposal of the aforesaid

appeal and he will be released on bail subject to deposit the fine

amount as imposed by the learned trial Court, provided he

executes a personal bond in the sum of Rs.1,00,000/- each with

two sureties of Rs.50,000/- each to the satisfaction of the learned

trial Judge for his 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. The 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

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

(3 of 3) [CRLAS-895/2021]

court, the learned Special Judge shall report the matter to the

High Court for cancellation of bail.

(MANOJ KUMAR GARG),J

16-prashant/-

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