Vardichand vs State Of Rajasthan
2022 Latest Caselaw 3550 Raj

(1 of 3) [CRLAS-96/2022]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 96/2022

Vardichand S/o Shri Heera, Aged About 55 Years, R/o Mahudikheda Sakhthali, Ps Arnod, District Pratapgarh. (At Present Lodged In District Jail, Pratapgarh)

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

----Respondent

For Appellant(s) : Mr. Ramesh Purohit For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

08/03/2022

In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, abundant caution is being

maintained, while hearing the matters in Court, for the safety of

all concerned.

Heard learned counsel for the parties and perused the

record.

Counsel for the appellant submits that the quantity of

contraband in-question i.e. Cannabis Sativa (Ganja) is below the

prescribed commercial quantity and the appellant was on bail

during trial.

Counsel for the appellant further submits that sentence is of

six years' rigorous imprisonment and there are no previous

criminal antecedents of the present appellant.

Learned P.P. opposed the application.

(2 of 3) [CRLAS-96/2022]

Having considered the totality of facts and circumstances of

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

substantive sentence awarded to the accused applicant-appellant.

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

54/2022 filed under Sec.389 Cr.P.C. is allowed and it is ordered

that the substantive sentence passed by the learned Special

Judge, NDPS Cases, Pratapgarh vide judgment dated 18.12.2021

in Special Sessions Case No.02/2019 against applicant-appellant

Vardichand S/o Shri Heera shall remain suspended till final

disposal of the aforesaid appeal, 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 for his

appearance in this court on 25.04.2022 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, he 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-

(3 of 3) [CRLAS-96/2022]

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 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 8-Sanjay/-

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