Mahaveer vs State Of Rajasthan
2022 Latest Caselaw 10615 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Criminal Appeal No. 1200/2022

Mahaveer S/o Devkaran Gurjar, Aged About 32 Years, R/o
Kanechhadan Khurd Arwad Ps Fuliya Kalla Dist. Bhilwara (Lodged
In Dist. Jail Bhilwara)
                                                                      ----Appellant
                                    Versus
State Of Rajasthan, Through Pp
                                                                    ----Respondent


For Appellant(s)          :     Mr. NK Gurjar
For Respondent(s)         :     Mr. Arun Kumar, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

17/08/2022
     Admit.

     Issue notice.

     Learned Public Prosecutor accepts notice on behalf of the

respondent-State. Hence, notice need not be issued.

     Heard learned counsel for the parties on S.B. Suspension

of Sentence (Appeal) No.677/2022.

     Learned    counsel       for    the     appellant           submits   that   the

contraband in question is below commercial quantity. It is also

contended that there are no previous criminal antecedent of the

present petitioner of NDPS Act.

     Having considered the totality of facts and circumstances of

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

substantive sentence awarded to the accused appellant.

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


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No.677/2022 filed under Section 374(2) Cr.P.C. is allowed and it

is ordered that the substantive sentence passed by the trial court

vide judgment dated 25.07.2022 in Session Case No.12/2016

(02/2015) CIS No.12/2016 against appellant Mahaveer S/o

Devkaran Gurjar shall remain suspended till final disposal of the

aforesaid appeal, provided he executes a personal bond in a sum

of Rs.50,000/- with two sureties of Rs.25,000/- to the satisfaction

of the learned trial Judge for his appearance in this Court on

19.09.2022 and whenever ordered to do so, till the disposal of

the appeal on the conditions indicated below:-

     1.    That they will appear before the trial Court in the

           month of January of every year till the appeal is

           decided.

     2.    That if the appellants changes the place of

           residence, they will give in writing 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,

           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-appellants in a separate file. Such file be registered

as Criminal misc. Case related to original case in which the

accused-appellants 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 appellants do not appear before the trial court, the

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

                                   cancellation of bail.


                                                                    (DR.PUSHPENDRA SINGH BHATI), J.

182-Sudheer/-

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