Rajasthan High Court - Jodhpur
Ramesh Kumar vs State Of Rajasthan (2023:Rj-Jd:40841) on 28 November, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023:RJ-JD:40841]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2454/2023
1. Ramesh Kumar S/o Banwari Lal Meghwal, Aged About 40
Years, R/o Sahuwala, P.s. Sadar, Dist. Sriganganagar. (At
Present Lodged In Central Jail, Sri Ganganagar).
2. Amandeep Singh @ Babbu S/o Surmukh Singh Tarkhan,
Aged About 35 Years, R/o 6 As P.s. Ramsinghpur District
Sri Gangangar. At Present Vikaspuri Sriganganagar. (At
Present Lodged In Central Jail, Sriganganagar).
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Sunil Bishnoi
For Respondent(s) : Mr. Aneesh Bhurat, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
28/11/2023
Admit.
Call for record.
Heard on suspension of sentence application No.1524/2023.
Upon a consideration of the arguments advanced on behalf
of the appellants and having regard to the facts and circumstances
of the case including the fact that appellants were on bail during
trial, therefore, this Court is of the opinion that it is a fit case for
suspending the sentence awarded to the appellants.
Accordingly, the 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 Cases, Sri
Ganganagar vide judgment dated 18.11.2023 in Sessions Case
No.10/2015 against the appellants (1) Ramesh Kumar S/o
Banwari Lal Meghwal and (2) Amandeep Singh @ Babbu S/o
Surmukh Singh Tarkhan shall remain suspended till final disposal
[2023:RJ-JD:40841] (2 of 2) [CRLAS-2454/2023]
of the aforesaid appeal subject to depositing the 50% fine amount
as imposed by the learned trial Court, provided they execute
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 08.01.2024 and whenever
ordered to do so, till the disposal of the appeal on the conditions
indicated below:-
1. That they will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the appellants change the place of
residence, they will give in writing 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,
they will give in writing their changed address to
the trial Court.
4. The appellants shall deposit 50% of fine amount
as imposed by the trial court.
The learned trial Court shall keep the record of attendance of
the accused-appellants in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-appellants 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-appellants do 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
7-raksha/-
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