Nakshatramal vs Union Of India ...
2023 Latest Caselaw 9248 Raj

[2023:RJ-JD:38354]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1378/2023

Nakshatramal S/o Modiram Prajapat, Aged About 35 Years, R/o- Karsana, Teh. And Thana Dungla, Dist. Chittorgarh. (Presently Lodged In District Jail Chittorgarh)

----Petitioner Versus Union Of India, Central Narcotics Bureau Chittorgarh, Through Special Pp, Chittorgarh.

----Respondent

For Petitioner(s) : Mr. Mangilal Vishnoi For Respondent(s) : Mr. K.S. Nahar, for UOI

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

07/11/2023

Heard learned counsel for the appellant as well as counsel for

the UOI.

Learned counsel for the appellant submits that during the

trial, accused appellant was on bail and hearing of the appeal will

take sufficient long time, therefore, the sentence of the appellant

may kindly be suspended.

Learned counsel for UOI vehemently opposed the prayer

made by the counsel for the 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 substantive sentence awarded to the accused

appellant.

[2023:RJ-JD:38354] (2 of 3) [SOSA-1378/2023]

Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

substantive sentences passed by the learned Special Judge, NDPS

Act Cases No.01, Chittorgarh, vide judgment dated 06.10.2023 in

Sessions Case No.74/2013 against the appellant-applicant

Nakshatramal S/o Modiram Prajapat, shall suspended till final

disposal of the aforesaid appeal subject to the condition that the

appellant shall deposit 50% of the fine amount as imposed by the

learned trial Court and he will 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 07.12.2023 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.

4. Appellant shall deposit the 50% of the fine amount as imposed by the learned 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

[2023:RJ-JD:38354] (3 of 3) [SOSA-1378/2023]

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.

(MANOJ KUMAR GARG),J 195-Ishan/-

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