Mangal Singh vs State Of Rajasthan ...
2023 Latest Caselaw 8379 Raj

[2023:RJ-JD:34482]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 286/2023

Mangal Singh S/o Sindha Singh, Aged About 33 Years, B/c Ray Sikh, R/o Fatehgarh Nihal, Police Station Bilga, District Jalandhar (Punjab) (At Present Lodged At District Jail, Chittorgarh)

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

----Respondent

For Petitioner(s) : Mr. M.S. Soni For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

11/10/2023

Heard learned counsel for the appellant as well as learned

Public Prosecutor.

Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

of the case, appellant was on bail during the trial, 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 sentences passed by the learned Special Judge, (NDPS

Cases) No.2, Chittorgarh, vide judgment dated 04.04.2023 in

Sessions Case No.55/2017 (34/2016) against the appellant-

applicant Mangal Singh S/o Sindha Singh shall suspended till final

disposal of the aforesaid appeal subject to the condition that the

[2023:RJ-JD:34482] (2 of 2) [SOSA-286/2023]

appellant shall deposit the 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 16/11/2023 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 455-Ishan/-

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