Rajkishor vs State Of Rajasthan
2022 Latest Caselaw 8114 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 393/2022

Rajkishor S/o Sh. Ramprasad, Aged About 42 Years, Khermalia, P.s. Chhoti Sadri, Dist. Pratapgarh. (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. A.R. Choudhary, PP

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI (VACATION JUDGE)

Order

03/06/2022

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.297/2022.

Learned counsel for the appellant submits that the

contraband in question is below commercial quantity and there are

no previous criminal antecedents, pertaining to the offence under

the NDPS Act against the present appellant. He further submits

that the appellant has undergone custody of about one year.

Learned Public Prosecutor opposes the suspension of

sentence application.

(2 of 3) [CRLAS-393/2022]

Having considered the totality of facts and circumstances of

the case, this Court deems it just and proper to suspend the

substantive sentence awarded to the accused applicant-appellant.

Accordingly, S.B. Suspension of Sentence (Appeal) No.

297/2022 filed under Section 389 Cr.P.C. is allowed and it is

ordered that the substantive sentence passed by the trial court

vide judgment dated 08.04.2022 in Special Sessions Case

No.42/2018 against appellant-Rajkishor S/o Sh. Ramprasad shall

remain suspended till final disposal of the aforesaid appeal,

provided he executes a personal bond in a sum of Rs.50,000/-

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

learned trial Judge for his appearance in this Court on

04.07.2022 and whenever ordered to do so, till the disposal of

the appeal on the conditions indicated below:-

1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the appellant changes the place of residence, they will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.

The learned trial Court shall keep the record of attendance of

the accused-appellant in a separate file. Such file be registered as

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

appellant 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 appellant do not appear before the trial court, the learned

(3 of 3) [CRLAS-393/2022]

trial Judge shall report the matter to the High Court for

cancellation of bail.

(DR.PUSHPENDRA SINGH BHATI), VJ 193-Ramesh/jitender-

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