Nanalal vs Central Bureau Narcotics (Cbn) ...
2023 Latest Caselaw 10147 Raj

Rajasthan High Court - Jodhpur

Nanalal vs Central Bureau Narcotics (Cbn) ... on 28 November, 2023

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2023:RJ-JD:40930]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc (Interim) Suspension Of Sentence Application
                       (Appeal) No. 1507/2023

Nanalal S/o Late Mangilal, Aged About 52 Years, B/c Patidar R/o
Gram Kajli Ps Rathajana Tehsil And Dist. Pratapgarh Raj.
(Presently Lodged In Shri Govind Goshala Open Air Camp
Belasar, Dist. Bikaner (Raj.))
                                                                    ----Petitioner
                                    Versus
1.       Central Bureau Narcotics (CBN), Through CBN
2.       Superintendent Central Jail, Bikaner (Raj.)
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Ram Kishan Vishnoi
For Respondent(s)         :     Mr. KS Nahar, Spl.PP



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

28/11/2023

Heard learned counsel for the appellant and learned Public

Prosecutor on application for temporary suspension of sentence.

The instant application for temporary suspension of sentence

has been moved on behalf of the appellant who is in custody in

the case at hand. The temporary bail has been moved on the

ground of marriage of appellant's son on 06.12.2023 and the

presence of the appellant is required in the marriage function.

Along with the application, marriage card of the appellant's son

has also been annexed.

Counsel for the appellant assures this Court that the

appellant shall positively surrender in the concerned Jail on the

date given by the concerned Superintendent for surrender.

[2023:RJ-JD:40930] (2 of 3) [SOSA-1507/2023]

Learned Special PP has also verified the fact about the

marriage of the appellant's son on 06.12.2023.

In view of the assurance given by the counsel for the

appellant and taking into consideration the fact that the marriage

of the appellant's son is fixed on 06.12.2023 and the presence of

the appellant is very much essential in the marriage function, I am

of the opinion that the sentences awarded to the appellant can be

temporarily suspended and he deserves to be enlarged on bail for

a period of fifteen days from the date of his release.

Consequently, the application for temporary 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 Cases, Pratapgarh, vide judgment dated 22.09.2022 in Case

No.41/2018 against the appellant-applicant Nanalal S/o Late

Mangilal, shall remain temporarily suspended and he shall be

released on bail for a period of fifteen days from the date of his

release subject to the condition that he shall deposit a sum of Rs.1

lakh before the trial court and provided he executes a personal

bond in the sum of Rs.4,00,000/- with two sureties of

Rs.2,00,000/- each to the satisfaction of the learned trial court.

The concerned Superintendent shall give the date of surrender to

the appellant as per the date on which he is released from

custody.

If the appellant surrenders within the stipulated period

before the concerned Jail, then the amount of Rs.1 lakh so

deposited shall be refunded back to him and if the appellant fails

to surrender within the stipulated period, then the amount so

deposited shall be forfeited immediately.

[2023:RJ-JD:40930] (3 of 3) [SOSA-1507/2023]

Let this application for temporary suspension of sentence be

again listed on 20.12.2023, and on that date, learned Spl. Public

Prosecutor and learned counsel for the appellant shall be required

to submit the compliance of this order.

(MANOJ KUMAR GARG),J 191-MS/-

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