Balkaran Singh vs State Of Rajasthan ...
2023 Latest Caselaw 9848 Raj

[2023:RJ-JD:39417]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 160/2023

Balkaran Singh S/o Sh. Mehanga Singh, Aged About 44 Years, By Caste Jaisikh, R/o Senpal Kotha, Ps Rania, District Sirsar Haryana. (At Present Lodged In Central Jail Udaipur).

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

----Respondent

For Petitioner(s) : Mr. Bhawani Singh For Respondent(s) : Mr. Mukesh Trivedi, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

17/11/2023

Heard learned counsel for the appellant and learned Public

Prosecutor. Perused the record.

Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

of the case including the facts that the appellant is in custody for

more than eight years and hearing of the appeal will take

sufficient long time, this Court is of the opinion that it is a fit case

for suspending the substantive 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

substantive sentence passed by learned Special Judge, NDPS

Cases No.2, Chittorgarh, vide judgment dated 01.11.2029 in

Sessions Case No.47/2017 (20/2016) against the applicant

[2023:RJ-JD:39417] (2 of 2) [SOSA-160/2023]

Balkaran Singh S/o Sh. Mehanga Singh, shall remain suspended

till final disposal of the aforesaid appeal and he shall be released

on bail subject to depositing 50% of the fine amount as imposed

by the learned trial Court, 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 20.12.2023 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 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

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 165-MS/-

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