Mansukhlal vs State Of Rajasthan ...
2023 Latest Caselaw 972 Raj

[2023/RJJD/002168]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 22/2023 Mansukhlal S/o Vishnulal, Aged About 40 Years, R/o Barekhan Ps Chotisadri At Present In Front Of Electric Office Nimbahera Road Choti Sadri Dist. Partapgarh Raj. (Presently Lodged In Dist. Jail Partapgarh)

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

----Respondent

For Petitioner(s) : Mr. Ramesh Chandra Purohit For Respondent(s) : Mr. Javed Gauri, PP

HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order 24/01/2023

Heard learned counsel for the appellants and learned public

prosecutor on application of suspension of sentence.

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. 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.

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

[2023/RJJD/002168] (2 of 2) [SOSA-22/2023]

passed by the learned Special Judge, NDPS Act Cases, Pratapgarh, vide

judgment dated 19.12.2022 in Sessions Case No. 23/2016 against the

appellant-applicant Mansukhlal S/o Vishnulal 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

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 223-CPGoyal/-

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