Rajasthan High Court - Jodhpur
Manjeet Singh vs State Of Rajasthan (2023:Rj-Jd:43453) on 13 December, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023:RJ-JD:43453]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 873/2022
1. Manjeet Singh S/o Shri Ramsingh, Aged About 41 Years, B/c
Jatsikh R/o Near Maicrovev Tawar Ward No. 11 Purani Aabadi
Sriganganagar.
2. Iqbal Singh @ Lali S/o Shri Hari Singh Ramgadhiya, Age 37
years, R/o 89, Third Block, Purani Abadi, Sriganganagar.
3. Anil Kumar S/o Shri Ashok Kumar Arora, Age 31 years, R/o
Najad Udaram Chowk, Purani Abadi, Sriganganagar.
(At Present Lodged In Central Jail Shriganganagar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. M.L. Bishnoi
For Respondent(s) : Mr. Mukesh Trivedi, PP with
Mr. C.P. Marwan
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
13/12/2023
Heard learned counsel for the appellant as well as learned
Public Prosecutor.
Learned counsel for the appellants wants to withdraw the
present suspension of sentence application on behalf of appellant
No.2 Iqbal Singh @ Lali.
Hence, the present suspension of sentence application is
hereby dismissed as withdrawn qua the appellant No.2 Iqbal Singh
@ Lali.
So far as appellants No.1 Manjeet Singh and No.3 Anil Kumar
are concerned, upon a consideration of the arguments advanced
[2023:RJ-JD:43453] (2 of 3) [SOSA-873/2022]
on behalf of the appellants and having regard to the facts and
circumstances of the case, appellants No.1 Manjeet Singh and
No.3 Anil Kumar were on bail during the trial, this court is of the
opinion that it is a fit case for suspending the sentence awarded to
the accused appellants No.1 Manjeet Singh and No.3 Anil Kumar.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is partly allowed and it is ordered that
the substantive sentences passed by the learned Special Judge,
NDPS Cases, Sriganganagar, vide judgment dated 08.09.2022 in
Sessions Case No.05/2018 (CIS No.05/2018) against the
appellant-applicants (1) Manjeet Singh S/o Shri Ramsingh & (2)
Anil Kumar S/o Shri Ashok Kumar Arora, shall suspended till final
disposal of the aforesaid appeal subject to the condition that the
appellants Manjeet Singh and Anil Kumar shall deposit the 50% of
the fine amount as imposed by the learned trial Court and they
will be released on bail, provided they execute a personal bond in
the sum of Rs.1,00,000/- each with two sureties of Rs.50,000/-
each to the satisfaction of the learned trial Judge for their
appearance in this court on 15.01.2024 and whenever ordered to
do so till the disposal of the appeal on the conditions indicated
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 to
the trial Court.
[2023:RJ-JD:43453] (3 of 3) [SOSA-873/2022]
4. Appellants Manjeet Singh and Anil Kumar shall
deposit 50% of the fine amount as imposed by the
learned 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
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.
(MANOJ KUMAR GARG),J
162-Ishan/-
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