Rajasthan High Court - Jodhpur
Mahendrakaur @ Mindo vs State Of Rajasthan on 28 May, 2024
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 840/2024
Smt. Mahendrakaur @ Mindo W/o Late Gurdhayal Singh, Aged
About 35 Years, R/o Ward No.14, Behind Roop Nagar Bus Stand,
Ellenabad, Haryana. At Present 330 Rd, 3 Gpm, Gopalsar, Police
Station Rajiyasar, Dist. Sri Ganganagar. (At Present Lodged In
Dist. Jail, Hanumangarh)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Shardul Singh
For Respondent(s) : Mr. A.R. Choudhary, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
28/05/2024
Heard.
Admit. Call for record.
Heard learned counsel for the parties on application for
Suspension of Sentence No.715/2024.
Learned counsel for the appellant submits that the appellant
is a lady and she was on bail during the trial and hearing of the
appeal will take sufficiently long time, therefore, the sentence of
the appellant may kindly be suspended.
Learned Public Prosecutor opposed the prayer made by the
counsel for the appellant.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case, this court is of the opinion that it is a fit case for
(2 of 3) [CRLAS-840/2024]
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
substantive sentences passed by the learned Special Judge, NDPS
Act Cases, Hanumangarh vide judgment dated 21.05.2024 in
Sessions Case No.25/2018 against the appellant-applicant - Smt.
Mahendrakaur @ Mindo W/o Late Gurdhayal Singh shall be
suspended till final disposal of the aforesaid appeal subject to the
condition that the appellant shall deposit 50% of the fine amount
as imposed by the learned trial Court and she will be released on
bail, provided she 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 her appearance in this
court on 09.07.2024 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 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(s) in a separate file. Such file be registered
(3 of 3) [CRLAS-840/2024]
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
131-Rashi/-
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