Rajasthan High Court - Jodhpur
Chhotu Lal Gurjar vs State Of Rajasthan-State on 24 August, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 621/2022
1. Chhotu Lal Gurjar S/o Surajkaran Gurjar, Aged About 34
Years, B/c Gurjar, R/o Khatolai, Bandarsindari Police
Station, Tehsil Kishangarh, District Ajmer. (Lodged In
District Jail, Bhilwara)
2. Heera Lal Jat S/o Kana Ram Jat, Aged About 31 Years, B/
c Jat, R/o House No. 25, Jat Mohalla, Ganeshpura,
Bandarsindari Police Station, Tehsil Kishangarh, Distt.
Ajmer. (Lodged In District Jail, Bhilwara)
----Petitioners
Versus
State Of Rajasthan-State, Through Pp
----Respondent
For Petitioner(s) : Mr. TRS Sodha
For Respondent(s) : Mr. Mahipal Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
24/08/2022
Admit.
Record has already been received.
Heard learned counsel for the parties on the application
seeking suspension of sentence no.621/2022.
Counsel for the appellant submits that the contraband in-
question is below commercial quantity and there are no previous
criminal antecedents against the present appellants.
Counsel for the appellant further submits that the hearing of
appeal is likely to take a long time, thus, prayed to suspend the
sentence.
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Learned PP opposed the application but is unable to refute
the aforesaid submissions.
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 appellants
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to appellant/
s - (1) Chhotu Lal Gurjar S/o Surajkaran Gurjar and (2)
Heera Lal Jat S/o Kana Ram Jat by the learned Special Judge,
NDPS Act Cases, Bhilwara vide judgment dated 11.7.2022 in
Sessions Case No.47/2017 shall remain suspended till final
disposal of aforesaid appeal provided each of the appellant
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 learned trial court for their appearance before this Court on
11.10.2022 and whenever called upon to do so till the disposal of
the appeal on the conditions inidcated 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.
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
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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.
116-Sanjay/-
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