Mahender vs State Of Rajasthan (2024:Rj-Jd:638)
2024 Latest Caselaw 130 Raj

Rajasthan High Court - Jodhpur

Mahender vs State Of Rajasthan (2024:Rj-Jd:638) on 5 January, 2024

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2024:RJ-JD:638]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Appeal (Sb) No. 2534/2023

Mahender S/o Shri Mani Ram, Aged About 40 Years, Resident Of
Ward No. 7, Norangdesar Police Station Hanumangarh Town,
District Hanumangarh Raj. (At Present Lodged In District Jail
Hanumangarh)
                                                                      ----Appellant
                                       Versus
State Of Rajasthan, Throgh Pp
                                                                    ----Respondent


For Appellant(s)             :     Mr. BR Godara
For Respondent(s)            :     Mr. Aneesh Bhurat, PP



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

05/01/2024

Heard.

Admit. Learned Public Prosecutor accepts notice on behalf of

respondent- State.

Heard on Application for Suspension of Sentence

No.1593/2023.

Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

of the case including the facts that appellant was on bail during

the trial and hearing of the appeal is likely to take time, therefore,

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

sentence passed by the learned Special Judge, NDPS Cases,

[2024:RJ-JD:638] (2 of 3) [CRLAS-2534/2023]

Hanumangarh vide judgment dated 01.12.2023 in Sessions Case

No.69/2019 against the appellant-applicant - Mahender S/o Shri

Mani Ram, shall be 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 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 05.02.2024 and whenever ordered to do so till the

disposal of the appeal on the conditions indicated below:-

1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.

4. Appellant shall deposit the 50% of fine amount as imposed by the learned trial court.

The learned trial Court shall keep the record of attendance of

the accused-applicant in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

applicant was 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

[2024:RJ-JD:638] (3 of 3) [CRLAS-2534/2023]

accused applicant 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 2-GKaviya/-

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