Rajasthan High Court - Jodhpur
Kesha @ Kesu @ Kesar Lal vs State Of Rajasthan on 29 September, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1563/2022
Kesha @ Kesu @ Kesar Lal S/o Shri Megha Rawat, Aged About
46 Years, R/o Umriya Falah Bhanpha, Police Station Dungla,
District Chittorgarh. (Presently Lodged At District Jail,
Chittorgarh)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Ravindra Pal Singh for
Mr. Bhawani Singh.
For Respondent(s) : Mr. Mahipal Bishnoi, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
29/09/2022
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of
respondent -State. Hence, notice need not be issued.
Call for the record.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.926/2022.
Learned counsel for the appellant makes a statement at Bar
that are no previous criminal antecedents, pertaining to the
offence under the NDPS Act against the present appellant.
Learned counsel for the appellant submits that the
contraband in question is below commercial quantity and the total
sentence is of six months. Learned counsel further submits that
the appellant is in custody since 23.09.2022.
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Learned Public Prosecutor though opposes the suspension of
sentence application, but is unable to refute the aforesaid factual
matrix.
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(2) Cr.P.C. is allowed and it is ordered that the
substantive sentence passed by the trial court vide judgment
dated 23.09.2022 in Sessions Case No.89/2017 (33/2017) against
appellant- Kesha @ Kesu @ Kesar Lal S/o Shri Megha Rawat
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
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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 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.
178-/Jitender//-
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