Ravindra Jat vs State Of Rajasthan
2022 Latest Caselaw 9462 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                               No. 532/2022

                                        IN

                S.B. Criminal Appeal No.879/2022

1.      Ravindra Jat S/o Shishram Jat, Aged About 32 Years, B/c
        Jat, R/o Pannesingh Ki Dhani, P.s. Ratangarh, Dist. Churu.
        (Presently Lodged In Dist. Jail, Bhilwara).
2.      Rajkumar S/o Chunni Lal, Aged About 40 Years, B/c Jat,
        R/o   Ratangarh       W.no.       13,     Bhartiyo       Ki     Dhani,   P.s.
        Ratangarh Dist. Churu. (Presently Lodged In Dist. Jail,
        Bhilwara).
                                                                      ----Petitioners
                                    Versus
State Of Rajasthan, Through Pp
                                                                  ----Respondent


For Petitioner(s)         :     Mr. Rakesh Matoria
For Respondent(s)         :     Mr. Mahipal Bishnoi, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

20/07/2022
     Admit.

     Record has already been received.

     Heard learned counsel for the parties on the application

seeking suspension of sentence no.532/2022.

     At the outset, counsel for the appellant does not want to

press the application of appellant no.1 Ravindra Jat.

     Thus, the application seeking suspension of sentence filed on

behalf of appellant no.1 Ravindra Jat is dismissed as not

pressed.


                     (Downloaded on 21/07/2022 at 08:54:47 PM)
                                            (2 of 3)                    [SOSA-532/2022]


     As     regards    appellant        no.2     Rajkumar,          counsel    for   the

appellant    submits     that     the     contraband          recovered       is   below

commercial     quantity       and      there      are     no       previous    criminal

antecedents pertaining to NDPS law against him, thus, prayed to

suspend the sentence.

     Learned PP opposed the application, however, does not

refute the aforesaid submission.

     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 no.2

Rajkumar.


     Accordingly, this application for suspension of sentences is

allowed and it is directed that the sentences awarded to

appellant/s - Rajkumar S/o Chunni Lal by the learned Special

Judge,    NDPS    Act      Cases,        Bhilwara        vide       judgment       dated

06.06.2022 in Sessions Case No.38/2017 shall remain suspended

till final disposal of aforesaid appeal provided                      he 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 his appearance before this Court on

30.08.2022 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.

                       (Downloaded on 21/07/2022 at 08:54:47 PM)
                                                                               (3 of 3)                [SOSA-532/2022]


                                          (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

                                   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.

104-Sanjay/-

Powered by TCPDF (www.tcpdf.org)