Rameshwer Lal vs State Of Rajasthan ...
2023 Latest Caselaw 8786 Raj

[2023:RJ-JD:36477]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 860/2023

1. Rameshwer Lal S/o Pyara Salvi, Aged About 39 Years, R/o Kherpura, P.s. Parsoli, Dist. Chittorgarh (Raj.). (Presently Lodged In Dist. Jail, Chittorgarh).

2. Kanhaiya Lal S/o Devi Lal Meena, Aged About 44 Years, R/o Kherpura, P.s. Parsoli, Dist. Chittorgarh (Raj.). (Presently Lodged In Dist. Jail, Chittorgarh).

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

----Respondent

For Petitioner(s) : Mr. Hukam Singh Chouhan For Respondent(s) : Mr. Laxman Solanki, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order

20/10/2023

Heard learned counsel for the appellants as well as learned

Public Prosecutor.

Upon a consideration of the arguments advanced on behalf

of the appellants and having regard to the facts and circumstances

of the case, appellants were 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 appellants.

Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

sentence passed by the learned Special Judge, NDPS Cases No.1,

Chittorgarh, vide judgment dated 14.07.2023 in Sessions Case

No.01/2010 against the appellant-applicants (1) Rameshwar Lal

S/o Pyara Salvi & (2) Kanhaiya Lal S/o Devi Lal Meena, shall

suspended till final disposal of the aforesaid appeal subject to the

condition that the appellants shall deposit the 50% of the fine

[2023:RJ-JD:36477] (2 of 2) [SOSA-860/2023]

amount as imposed by the learned trial Court and they will be

released on bail, provided they execute personal bonds in the sum

of Rs.1,00,000/- each with two sureties of Rs.50,000/- each to the

satisfaction of the learned trial Judge for their 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.

4. Appellants 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 1262-Ishan/-

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