Rajasthan High Court - Jodhpur
Danesh vs State Of Rajasthan on 24 May, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 645/2022
Danesh S/o Sh. Rameshwar Lodha, Aged About 37 Years,
Bharawada, P.s. Ajmera, Dist. Dhar, Madhya Pradesh. (Appellant/
accused In Presently Lodged At Dist. Jail, Chittorgarh).
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Appeal (Sb) No. 541/2022
1. Sandeep S/o Dinesh Patidar,
Aged About 31 Years, R/o
Utavada, P.s. Tirla, Dist. Dhar
(Madhya Pradesh). (Presently
Lodged At Dist. Jail,
Chittorgarh).
2. Rameshwar S/o Champa Lal
Patidar, Aged About 31 Years,
R/o Utavada, P.s. Tirla, Dist.
Dhar (Madhya Pradesh).
(Presently Lodged At Dist. Jail,
Chittorgarh).
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Bhawani Singh
Mr. Hukam Singh Chouhan
For Respondent(s) : Mr. SK Bhati, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
24/05/2022
1. Heard counsel for the parties.
2. Counsel for the appellants submits that the contraband
recovered is below commercial quantity and there are no previous
antecedents regarding the NDPS Act against the present
appellants.
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(2 of 3) [CRLAS-645/2022]
3. Learned Public Prosecutor opposed the suspension of
sentence application.
4. Having regard to the facts and circumstances of the case and
upon a consideration of the arguments advanced at the Bar, this
Court is of the opinion that the bail application for suspension of
sentence filed by the appellants deserves to be accepted.
5. Accordingly, this S.B. Suspension of Sentence Application
(Appeal) filed under Sec.374(2) Cr.P.C. is allowed and it is ordered
that the substantive sentence vide judgment dated 28.04.2022
passed by learned Special Judge, N.D.P.S. Cases No.2, Chittorgarh
in Sessions Case No.85/2017 against appellants (1) Danesh S/o
Sh. Rameshwar Lodha (2) Sandeep S/o Dinesh Patidar (3)
Rameshwar S/o Champa Lal Patidar shall remain suspended
till final disposal of the aforesaid appeal, provided each of them
execute 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 their appearance in this court on 11.07.2022 and
whenever ordered to do so, till the disposal of the appeal on the
conditions indicated below:-
1. That they will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the appellants change 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.
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6. The learned trial Court shall keep the record of attendance of
the accused-appellants in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-appellants 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-appellants do 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.
147-148-Nirmala/-
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