Rajasthan High Court - Jodhpur
Ganga Ram @ Kheta Ram vs State Of Rajasthan (2023:Rj-Jd:42478) on 6 December, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023:RJ-JD:42478]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2247/2023
Ganga Ram @ Kheta Ram S/o Hema Ram Vishnoi, Aged About
46 Years, R/o Lalji Ki Dungari Ps Sarwana Dist. Jalore At Present
Lodged In Dist. Jail Chittorgarh
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. RJ Punia
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
06/12/2023
Heard.
Admit.
Issue notice. Learned Public Prosecutor accepts notice on
behalf of State.
Heard learned counsel for the parties on Misc. Bail
Application (Suspension of Sentence) No.1387/2023.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case including the facts that appellant was on bail during
the trial and hearing of the appeal is likely to take time, therefore,
this court is of the opinion that it is a fit case for suspending the
substantive sentence awarded to the accused appellant.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
[2023:RJ-JD:42478] (2 of 3) [CRLAS-2247/2023]
sentence passed by the learned Special Judge, NDPS Cases, No.2,
Chittorgarh vide judgment dated 04.10.2023 in Sessions Case
No.204/2014 against the appellant-applicant - Ganga Ram @
Kheta Ram S/o Hema Ram Vishnoi, shall be suspended till final
disposal of the aforesaid appeal subject to the condition that the
appellant shall deposit the 50% of the fine amount as imposed by
the learned trial Court and he will be released on bail, provided he
executes a personal bond in the 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 08.01.2024 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 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.
4. Appellant shall deposit the 50% of fine amount
as imposed by the learned trial court.
The learned trial Court shall keep the record of attendance of
the accused-applicant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicant was tried and convicted. A copy of this order shall also
be placed in that file for ready reference. Criminal Misc. file shall
[2023:RJ-JD:42478] (3 of 3) [CRLAS-2247/2023]
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 does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(MANOJ KUMAR GARG),J
298-raksha/-
Powered by TCPDF (www.tcpdf.org)
