Shambhu Singh vs State Of Rajasthan
2022 Latest Caselaw 5586 Raj

                                        (1 of 3)                     [CRLAS-330/2022]


      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                  S.B. Criminal Appeal No. 330/2022

Shambhu Singh S/o Karan Singh, Aged About 50 Years, R/o
Botala Purohitan, Police Station Pachpadra District Barmer.
(Presently Lodged In Central Jail, Jodhpur)
                                                                      ----Appellant
                                    Versus
State Of Rajasthan, Through Pp
                                                                    ----Respondent


For Appellant(s)            :    Mr. Birbal Ram Bishnoi
For Respondent(s)           :    Mr. S.K. Bhati, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

18/04/2022

     In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, abundant caution is being

maintained, while hearing the matters in Court, for the safety of

all concerned.

     Admit.

     Heard learned counsel for the appellant and the learned

Public Prosecutor on S.B. Suspension of Sentence (Appeal)

No.245/2022.

     Learned counsel for the appellant submits that the appellant

was on bail during trial. Learned counsel further submits that the

contraband in question is below commercial quantity and there are

no   previous    criminal       antecedents        of   the      present   appellant

pertaining to the offence under the NDPS Act.

     Learned     Public     Prosecutor       opposes          the   suspension    of

sentence application.

                     (Downloaded on 19/04/2022 at 08:17:07 PM)
                                         (2 of 3)                       [CRLAS-330/2022]



     Having considered the totality of facts and circumstances of

the case, this Court considers it just and proper to suspend the

substantive sentence awarded to the accused applicant-appellants.

     Accordingly,    S.B.     Suspension            of    Sentence           (Appeal)

No.245/2022 filed under Section 389 Cr.P.C. is allowed and it is

ordered that the substantive sentence passed by the trial court

vide judgment dated 29.03.2022 in Sessions Case No. 25/2016

(50/2015) appellant Shambhu Singh S/o Shri Karan Singh

shall remain suspended till final disposal of the aforesaid appeal,

provided he executes a personal bond in the sum of Rs.50,000/-

with two sureties of Rs.25,000/- each to the satisfaction of the

learned   trial   Judge    for    his    appearance              in   this   Court   on

18.05.2022 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.    Similarly, if the sureties change their address,
           they will give in writing their changed address to
           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 said


                     (Downloaded on 19/04/2022 at 08:17:07 PM)
                                                                               (3 of 3)                 [CRLAS-330/2022]



                                   accused-appellant does not appear before the trial court, the

                                   learned trial Judge shall report the matter to the High Court for

                                   cancellation of bail.

                                                                    (DR.PUSHPENDRA SINGH BHATI), J.

205-Zeeshan

Powered by TCPDF (www.tcpdf.org)