Shripal vs State Of Rajasthan
2022 Latest Caselaw 10938 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 1177/2022

Shripal S/o Shri Udayram, Aged About 25 Years, R/o Diwala Ps Arnod Dist. Pratapgarh Raj. (At Present Lodged In Dist. Jail Pratapgarh)

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

----Respondent

For Appellant(s) : Mr. Ramesh Chandra Purohit For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

26/08/2022 Admit.

Issue notice. Learned Public Prosecutor accepts notice on

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

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

of Sentence (Appeal) No.666/2022.

Learned counsel for the appellant submits that the

contraband in-question is below commercial quantity.

Learned counsel for the appellant further submits that there

are no previous criminal antecedents of the present appellant and

that the appellant was on bail during trial.

Learned Public Prosecutor opposes the suspension of

sentence application but is unable to refute the aforesaid

submissions.

(2 of 3) [CRLAS-1177/2022]

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 Sentence

(Appeal) is allowed and it is directed that the sentences awarded

to appellant - Shripal S/o Shri Udayram by the learned Special

Judge, NDPS Act Cases, Pratapgarh vide judgment dated

25.07.2022 in Sessions Trial No.20/2019 shall remain suspended

till final disposal of aforesaid appeal provided he executes a

personal bond for a sum of Rs.1,00,000/- alongwith two solvent

sureties in the sum of Rs.50,000/- each to the satisfaction of the

learned trial court for his appearance before this Court on

28.09.2022 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 in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

(3 of 3) [CRLAS-1177/2022]

applicant 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

accused-applicant 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 3-Nirmala/-

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