Rajasthan High Court - Jodhpur
Om Prakash @ Prithvi Raj vs State Of Rajasthan on 9 February, 2023
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 177/2023
Om Prakash @ Prithvi Raj S/o Sh. Mukna Ram, Aged About 29
Years, R/o.Goylo Ki Dhani, Vill. Bisalpur, Dangiawas Police
Station, Dist. Jodhpur. (Lodged In Central Jail, Jodhpur).
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. B. Ray Bishnoi
For Respondent(s) : Mr. Abhishek Purohit, AGA
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
09/02/2023
Heard. Admit. Issue notice. Call for the record.
Heard learned counsel for the applicant and learned
Additional Government Advocate on application for suspension of
sentence No.116/2023.
Learned counsel for the appellant submits that the appellant
has been convicted for the offence under Section 8/21 the NDPS
Act for a period of 1 year rigorous imprisonment and a fine of
Rs.25,000/-, in default of payment of fine, further to undergo 3
months simple imprisonment and under Section 8/18 of the NDPS
Act for a period of 3 months rigorous imprisonment and a fine of
Rs.5,000/-, in default of payment of fine, further to undergo 15
days simple imprisonment
Learned counsel for the appellant submits that there is no
case of like nature pending or decided against the appellant and
during trial, the appellant was on bail.
Since the sentence has already been suspended by the
learned trial Court and the sentence awarded being one year,
(2 of 3) [CRLAS-177/2023]
therefore, this Court is of the opinion that it is a fit case for
suspending the sentences awarded to the accused-applicant.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Special Judge, NDPS Act Cases,
Jodhpur vide judgment dated 04/02/2023 in Session Case
No.127/2012 against the petitioner-applicant- Om Prakash @
Prithvi Raj S/o Sh. Mukna Ram, shall remain suspended till
final disposal of the aforesaid appeal and he shall be released on
bail, provided he executes a personal bond in the sum of
Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of
Rs.25,000/- (Rupees: Twenty Five Thosuand Only) each to the
satisfaction of the learned trial Judge for his appearance in this
court on 03.03.2023 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.
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
(3 of 3) [CRLAS-177/2023]
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.
(VINIT KUMAR MATHUR),J
5-SanjayS/-
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