Anil Kumar vs State Of Rajasthan
2022 Latest Caselaw 588 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 820/2021

Anil Kumar S/o Shivnarayan Mandliya Jain, Aged About 31 Years, Basai, P.s. Suvasara, Dist. Mandsaur (M.p.). (At Present Lodged In Central Jail, Udaipur)

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

----Respondent

For Petitioner(s) : Mr.RK Charan, through VC For Respondent(s) : Mr. Gaurav Singh

HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order 11/01/2022

Heard learned counsel for the applicant-appellant and learned

public prosecutor for the State on application for suspension of

sentence. Perused the material available on record.

It is contended by the counsel for the applicant-appellant that

appellant has been awarded sentence for two years' rigorous

imprisonment. It is also submitted that the applicant-appellant was on

bail during trial and he has not misused the liberty of bail and disposal

of the appeal will consume time.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

I have heard and considered the arguments advanced by the

counsel for the parties and have gone through the material available on

record.

Having considered the facts and circumstances and particularly

(2 of 2) [SOSA-820/2021]

the fact that applicant-appellant is awarded maximum sentence of two

years, and he was on bail during trial, disposal of appeal will consume

time, therefore, this Court deems it fit and proper to allow the

application for suspension of sentence filed by the appellant-applicant.

Accordingly, the application for suspension of sentence filed under

Section 389 Cr.P.C. is allowed and it is ordered that the sentences

passed by the learned Special Judge, NDPS Act Cases No.1, Chittorgarh,

vide judgment dated 2.12.2021 in Sessions Case No.62/2008 against

the appellant-applicant Anil Kumar S/o Shivnarayan Mandliya Jain

shall remain suspended till final disposal of the aforesaid appeal and he

shall be released on bail, provided he executes a personal bond in the

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

satisfaction of the learned trial Judge to the effect that he shall appear

before this Court as and when called upon to do so.

(MADAN GOPAL VYAS),J

62-CPGoyal/-

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