Gulabchand vs State Of Rajasthan
2022 Latest Caselaw 11896 Raj

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     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Criminal Appeal No. 1383/2022

Gulabchand S/o Late Laxminarayan Sainee, Aged About 45
Years, R/o Scheme No. 8, Sonava Ki Dungri Alwar, Police Station
Aravali Vihar Alwar, District Alwar, Rajasthan. (Presently Lodged
At District Jail, Chittorgarh)
                                                                     ----Appellant
                                    Versus
State Of Rajasthan, Through Pp
                                                                   ----Respondent


For Appellant(s)          :     Mr. Hukam Singh Chouhan
For Respondent(s)         :     Mr. S.S. Rajpurohit, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

27/09/2022
     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.799/2022.

     Learned counsel for the appellant submits that there are no

previous antecedents regarding the NDPS Act against the present

appellant. He further submits that the contraband in-question was

below commercial quantity.

     Learned    Public    Prosecutor         opposes         the   suspension    of

sentence application but is unable to refute the above factual

matrix.



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     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) filed

under Section 374 Cr.P.C. is allowed and it is ordered that the

substantive sentence passed by the trial court vide judgment

dated     31.08.2022     in    Sessions         Case     No.40/2019            (30/2018)

against appellant- Gulabchand S/o Late Laxminarayan Sainee

shall remain suspended till final disposal of the aforesaid appeal,

provided he executes a personal bond in a sum of Rs.1,00,000/-

with two sureties of Rs.50,000/- each to the satisfaction of the

learned    trial   Judge      for   his     appearance             in   this   Court   on

02.11.2022 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

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                                   accused appellant 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.

11-/Jitender/suraj

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