Dhanraj vs State Of Rajasthan
2023 Latest Caselaw 8628 Raj

[2023:RJ-JD:35568]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
              S.B. Criminal Appeal (SB) No. 2222/2023
                          Connected with
      S.B. Criminal Misc. Bail (SOS) Application No.1366/2023


Dhanraj S/o Prem Chand, Aged About 35 Years, R/o Godawat,
P.s.rathanjana, Dist. Pratapgarh, Raj.
(At Present Lodged In Dist. Jail, Pratapgarh)
                                                                   ----Appellant
                                    Versus
State Of Rajasthan, Through PP
                                                                 ----Respondent


For Appellant(s)           :    Mr.B.S.Deora.
For Respondent(s)          :    Mr.S.K.Bhati, P.P.



            HON'BLE MR. JUSTICE KULDEEP MATHUR

                                    ORDER

17/10/2023 Admit. Issue notice.

Send for the record.

Heard learned counsel for the petitioner and learned Public

Prosecutor on application for suspension of sentences.

Upon a consideration of the arguments advanced on behalf

of the petitioner 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 sentences awarded to the accused petitioner.

Accordingly, the application for 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 26.9.2023 in Special Sessions

Case No.16/2017 against the petitioner-applicant Dhanraj S/o

[2023:RJ-JD:35568] (2 of 2) [CRLAS-2222/2023]

Prem Chand, shall remain suspended till final disposal of the

aforesaid appeal and he shall be released on bail, provided he

executes a personal bond in the sum of Rs.40,000/- with two

sureties of Rs.20,000/- each to the satisfaction of the learned trial

Judge for his appearance in this court on 17.11.2023 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.

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.

(KULDEEP MATHUR),J /tarun goyal/

Sr.No.173

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