Rajasthan High Court - Jodhpur
Akram Khan vs State (2023/Rjjd/004868) on 10 February, 2023
Bench: Vinit Kumar Mathur
[2023/RJJD/004868]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Criminal 3rd Misc Suspension Of Sentence Application
(Appeal) No. 172/2021
in
S.B.Criminal Appeal No.132/2018
Akram Khan S/o Nanne Khan Pathan, Aged About 40 Years, R/o
Bapu Basti, Behind Community Hall, Nimbahera, P.s. Nimbahera,
Dist. Chittorgarh.
(Presently Lodged In Central Jail, Udaipur).
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Kailash Chandra Bishnoi.
For Respondent(s) : Mr. Laxman Solanki, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
10/02/2023
Learned counsel for the appellant submits the appellant has
already undergone sentence for almost six years. The appeal of
the appellant is not likely to be heard in near future. Learned
counsel for the appellant has also relied upon the judgment of
Hon'ble Supreme Court in the case of Thana Singh V/s Central
Bureau of Narcotics reported in (2013) (2) SCC 590. and
prays that the sentence awarded to the appellant may be
suspended during the pendency of the present appeal.
Learned Public Prosecutor opposes the application for
suspension of sentence.
[2023/RJJD/004868] (2 of 3) [SOSA-172/2021]
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case, this Court is of the opinion that it is a fit case for
suspending the sentences awarded to the accused-appellant.
Accordingly, the third application for suspension of sentence
filed under Section 389 Cr.P.C. is allowed and it is ordered that the
sentence passed by the learned Special Judge, NDPS Act Cases
No.2, Chittorgarh vide judgment dated 06.01.2018 in Session
Case No.41/2014 against the appellant-accused- Akram Khan
S/o Nanne Khan Pathan 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 Thousand Only) each to the satisfaction of
the learned trial Judge for his appearance in this court on
08.03.2023 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.
[2023/RJJD/004868] (3 of 3) [SOSA-172/2021]
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 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.
(VINIT KUMAR MATHUR),J
96-AnilSingh/-
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