Citation : 2022 Latest Caselaw 5712 Raj/2
Judgement Date : 22 August, 2022
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Appeal No. 1606/2022
Sardar Son Of Bhura, Aged About 34 Years, Resident Of
Bheempura, Police Station Sez, District Jaipur (Raj) (At Present
Confined In Central Jail Jaipur)
----Appellant
Versus
State Of Rajasthan, Through P.p
----Respondent
For Appellant(s) : Mr. Anil Kumar Urman.
For Respondent(s) : Mr. Imran Khan, P.P.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Judgment / Order
22/08/2022
Heard.
Admit. Call for record.
Issue notice. Learned Public Prosecutor accepts notice on behalf of
the respondent-State.
Heard on application for suspension of sentence No.1028/2022.
Upon a consideration of the arguments advanced on behalf of the
appellant and having regard to the facts and circumstances of the case,
this court is of the opinion that it is a fit case for suspending the
substantive sentence awarded to the accused-appellant.
Accordingly, the application for suspension of sentence filed under
Section 389 Cr.P.C. is allowed and it is ordered that the substantive
sentences passed by the learned Special Judge, NDPS Act Cases, Jaipur
Metropolitan First in Sessions Judge Case No.09/2017 (CIS
No.10/2017), vide order dated 16.08.2022 against the appellant-
applicant Sardar Son Of Bhura, shall remain suspended till final
(2 of 2) [CRLAS-1606/2022]
disposal of the aforesaid appeal and he will be released on bail subject
to deposit of fine amount as imposed by the learned trial Court,
provided he executes a personal bond in the sum of Rs.1,00,000/- each
with two sureties of Rs.50,000/- each to the satisfaction of the learned
trial Judge for his appearance in this court on 23.09.2022 and whenever
ordered 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 to the trial Court.
4. The appellant shall deposit the fine amount as imposed by the learned 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 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 Special
Judge shall report the matter to this Court for cancellation of bail.
(KULDEEP MATHUR),J
122. PRASHANT JHA
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