Bhagirath vs State Of Rajasthan
2022 Latest Caselaw 6204 Raj

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     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                  S.B. Criminal Appeal No. 225/2022

Bhagirath S/o Sh. Aamba Lal Gujar, Aged About 45 Years, R/o
Marjivi,   P.s.   Nimbahera,       District        Chittorgarh.    (Appellant    /
Accused In Presently Lodged At District Jail, Chittorgarh)
                                                                    ----Appellant
                                    Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Appellant(s)          :     Mr. Bhawani Singh
For Respondent(s)         :     Mr. Arun Kumar, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

27/04/2022
     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.

     Record has already been received.

     Heard learned counsel for the parties on the application

seeking suspension of sentence No.180/2022.

     Counsel for the appellant gives an undertaking before this

Court that there are no previous criminal antecedents of the

appellant and the contraband recovered is below commercial

quantity. Counsel for the appellant further submits that there is

likelihood of the appeal being heard at an early date, thus, prayed

to suspend the sentence.


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     Learned PP opposed the application.

     Having considered of the totality of facts and circumstances

of the case, I consider it just and proper to suspend the

substantive sentence awarded to the accused appellant.


     Accordingly, this application for suspension of sentences is

allowed and it is directed that the sentences awarded to appellant/

s - Bhagirath S/o Sh. Aamba Lal Gujar by the learned Special

Judge, NDPS Act Cases No.2, Chittorgarh camp Nimbahera vide

judgment dated       08.12.2021 in Sessions Case No.120/2014

(51/2011) shall remain suspended till final disposal of aforesaid

appeal provided     he executes a personal bond for a sum of

Rs.50,000/- alongwith two solvent sureties in the sum of

Rs.25,000/- each to the satisfaction of the learned trial court for

his appearance before this Court on 30.05.2022 and whenever

called upon 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(s) to the trial

      court.




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                                         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.




                                                                (DR.PUSHPENDRA SINGH BHATI), J.

4-Sanjay/-

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