Rajasthan High Court - Jodhpur
Kailash vs State Of Rajasthan ... on 20 October, 2023
Bench: Manoj Kumar Garg
[2023:RJ-JD:36482]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1080/2023
Kailash S/o Shri Chunnilal Dhakad, Aged About 38 Years, R/o
Neemuch, Mp (Presently Lodged At Dist. Jail, Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Mangi Lal Vishnoi
For Respondent(s) : Mr. Laxman Solanki, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
20/10/2023
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 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.1, Chittorgarh, vide judgment dated 19.08.2023 in
Sessions Case No.54/2012 against the appellant-applicant Kailash
S/o Shri Chunnilal Dhakad shall suspended till final disposal of the
aforesaid appeal subject to the condition that the appellant shall
deposit the 50% of the fine amount as imposed by the learned
[2023:RJ-JD:36482] (2 of 2) [SOSA-1080/2023]
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 21.11.2023 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
1263-Ishan/-
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