Kundan S/O Rameshchand vs State Of Rajasthan
2022 Latest Caselaw 5764 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

                S.B. Criminal Appeal No. 1396/2022

Kundan S/o Rameshchand, Aged About 48 Years, Resident Of
Near Ganesh Chowk Khedli Phatak Police Station Bhimganj
Mandi District Kota (Raj) (At Present Confined In Central Jail,
Kota)
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through P.p
                                                                ----Respondent

For Appellant(s) : Mr. Rohit Khandelwal.

For Respondent(s) : Mr. Atul Sharma, P.P.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Judgment / Order

23/08/2022

Heard.

Admit.

Learned Public Prosecutor accepts notice on behalf of the

respondent-State.

Await record for a period of two weeks.

Heard on application for suspension of sentence No.919/2022.

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 Cases) Kota

(Raj.) vide order dated 02.07.2022 in Special Session Case No.63/2018

(2 of 2) [CRLAS-1396/2022]

against the appellant-applicant Kundan S/o Rameshchand, shall

remain suspended till final 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

78. PRASHANT JHA

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