Rajasthan High Court - Jodhpur
Ghanshayam Singh vs State Of Rajasthan ... on 7 November, 2023
Bench: Manoj Kumar Garg
[2023:RJ-JD:38393]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 955/2023
Ghanshayam Singh S/o Parmal Singh Rajput, Aged About 55
Years, Nagar Ki Gali, Purani Annaj Mandi, Bhiwand, Dist.
Bhiwandi (Haryana). (Presently Lodged In Dist. Jail,
Chittorgarh).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Bhawani Singh
For Respondent(s) : Mr. Javed Gauri, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
07/11/2023
Heard learned counsel for the appellant as well as learned
Public Prosecutor.
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 Public Prosecutor 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:38393] (2 of 3) [SOSA-955/2023]
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
Cases No.01, Chittorgarh, vide judgment dated 04.08.2023 in
Sessions Case No.28/2007 against the appellant-applicant
Ghanshayam Singh S/o Parmal Singh Rajput, 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:38393] (3 of 3) [SOSA-955/2023]
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
187-Ishan/-
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