Arvind Kumar vs State Of Rajasthan
2023 Latest Caselaw 1024 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 108/2023

Arvind Kumar S/o Shri Chokha Ram, Aged About 33 Years, R/o Mokhatara Karda Ps Dist. Jalore (Lodged In Dist. Jail Jalore)

----Appellant Versus State Of Rajasthan, Through Pp

----Respondent

For Appellant(s) : Mr. Vijay Raj Bishnoi For Respondent(s) : Mr. Anees Bhurat, PP

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

25/01/2023

Heard.

Admit. No need to issue notice as the respondent-State is being

represented by learned Public Prosecutor.

Call for the record.

Heard learned counsel for the appellants and learned public

prosecutor on application of suspension of sentence No.68/2023.

Learned counsel for the appellant submits that the accused-

appellant is behind the bars since long and the disposal of the present

appeal will take time. It is also submitted that the present one is the

first case lodged against the petitioner. Therefore, learned counsel for

the appellant submits that the sentence awarded to the accused-

appellant may be suspended.

Learned Public Prosecutor vehemently opposed the prayer made

by the learned counsel for the accused-appellant.

(2 of 3) [CRLAS-108/2023]

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

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 sentences

passed by the learned Special Judge, NDPS Act Cases, Bhinmal, District

Jalore, vide judgment dated 20.1.2023 in Sessions Case No. 49/2016

against the appellant-applicant Arvind Kumar S/o Chokha 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.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 24.2.2023

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 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

(3 of 3) [CRLAS-108/2023]

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.

(MADAN GOPAL VYAS),J 31-CPGoyal/-

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