Lata vs State Of Rajasthan
2023 Latest Caselaw 8662 Raj

[2023:RJ-JD:35874]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal (Sb) No. 966/2023 Connected with S.B. Criminal Misc. Bail (SOS) Application No.636/2023

Smt. Lata D/o Gulab Ji W/o Sonu @ Ansar, Aged About 25 Years, Indra Colony Sagwada At Present B-185 Housing Board Hadmala P.s. Sagvada Dist. Dungarpur. (At Present Lodged In Central Jail, Udaipur).

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

----Respondent

For Appellant(s) : Mr. Jitendra Ojha. For Respondent(s) : Mr. Vikram Sharma, PP.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

18/10/2023 Admit.

Issue notice. Learned Public Prosecutor accepts notice on

behalf of respondent-State.

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

[2023:RJ-JD:35874] (2 of 2) [CRLAS-966/2023]

(Additional Sessions Judge), Sagwara, District Dungarpur vide

judgment dated 30.05.2023 in Sessions Case No.01/2019 (CIS

No.01/2019) against the petitioner-applicant Smt. Lata D/o

Gulab Ji W/o Sonu @ Ansar, shall remain suspended till final

disposal of the aforesaid appeal and he shall be released on bail,

provided she executes a personal bond in the sum of Rs.50,000/-

with two sureties of Rs.25,000/- each to the satisfaction of the

learned trial Judge for her appearance in this court on 20.11.2023

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 979-Tikam/-

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