Rajasthan High Court - Jodhpur
Pukhraj vs State Of Rajasthan on 22 November, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1755/2022
Pukhraj S/o Varinga Ram, Aged About 40 Years, R/o Pur, Police
Station Sanchore, At Present Maheshwari Colony, Bhinmal, Police
Station Bhinmal, District Jalore. (Presently Lodged In District
Jail, Jalore)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. KL Bishnoi
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
22/11/2022
Admit.
Record has already been received.
Heard learned counsel for the parties on the application
seeking suspension of sentence No.1051/2022.
Counsel for the appellant submits that the contraband
recovered is below commercial quantity and there are no previous
criminal antecedents against the appellant.
Counsel for the appellant further submits that hearing of
appeal is likely to take a long time, thus, prayed to suspend the
sentence.
Learned PP is not in a position to refute the aforesaid
submissions.
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(2 of 3) [CRLAS-1755/2022]
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.
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to
appellant/s - Pukhraj S/o Varinga Ram by the learned Special
Judge, NDPS Act Cases, Bhinmal, District Jalore vide judgment
dated 04.11.2022 in Sessions Case No.87/2016 (CIS
No.101/2016) 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 20.12.2022 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.
(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
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(3 of 3) [CRLAS-1755/2022]
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.
168-Sanjay/-
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