Rajasthan High Court - Jodhpur
Amandeep Singh @ Mota vs State Of Rajasthan on 5 May, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 191/2022
Amandeep Singh @ Mota S/o Kaku, Aged About 26 Years, By
Caste Majbi Sikh, R/o Water Works Mohalla, Dauda, Police Thana
Kotbhai, Tehsil Giddhwa, District Srimuktsar Sahib (Punjab).
(At Present Lodged In Central Jail Ajmer).
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. M.L. Bishnoi
For Respondent(s) : Mr. Mohd. Javed Gauri, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
05/05/2022
Heard learned counsel for the parties on suspension of
sentence application.
Learned counsel for the applicant-appellant has submitted
that the applicant-appellant was convicted for the offences
punishable under NDPS Act and sentenced for 10 years of rigorous
imprisonment vide impugned judgment. It is submitted that out of
total sentence, the applicant-appellant has already undergone 4½
yeas of sentence. It is also submitted that there is no possibility of
hearing of the appeal in near future.
Having considered the totality of facts and circumstances of
the case, taking into consideration the custody period of the
accused applicant-appellant and in view of the fact that the
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hearing of the appeal will take time, I consider it just and proper
to suspend the substantive sentence awarded to the accused
applicant-appellant.
Accordingly, this suspension of sentence application filed
under Sec.389 Cr.P.C. is allowed and it is ordered that the
substantive sentence passed by the trial court vide judgment
dated 31.07.2019 in Sessions Case No.9/2018 against applicant-
appellant - Amandeep Singh @ Mota S/o Kaku 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 06.06.2022 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 applicant-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 applicant-appellant in a separate file. Such file be
(3 of 3) [SOSA-191/2022]
registered as Criminal Misc. Case related to original case in which
the accused applicant-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 applicant-appellant does not
appear before the trial court, the learned trial Judge shall report
the matter to the High Court for cancellation of bail.
(VIJAY BISHNOI),J
Abhishek Kumar
S.No.235
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