Mahendra Kumar vs State Of Rajasthan (2024:Rj-Jd:24639)
2024 Latest Caselaw 4847 Raj

Rajasthan High Court - Jodhpur

Mahendra Kumar vs State Of Rajasthan (2024:Rj-Jd:24639) on 29 May, 2024

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2024:RJ-JD:24639]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                               No. 580/2024

Mahendra Kumar S/o Om Prakash, Aged About 31 Years, R/o
Rawatsar, Tehsil Rawatsar, District Hanumangarh (Raj) (At
Present Lodged At Sub Jail Nohar)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through PP
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Kuldeep Sharma
For Respondent(s)         :     Mr. Mukesh Trivedi, PP



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

29/05/2024

Heard learned counsel for the parties and perused the

material available on record.

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 the recovered contraband is

below commercial quantity and 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 learned Special Judge, (NDPS Act Cases),

(Additional Session Judge No.1) Nohar, Dist. Hanumangarh, vide

judgment dated 27.03.2024 in Sessions Case No.08/2017 against

[2024:RJ-JD:24639] (2 of 2) [SOSA-580/2024]

the appellant-applicant- Mahendra Kumar S/o Om Prakash, shall

remain 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 he shall be

released on bail, provided he executes a personal bond in the sum

of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the

satisfaction of the learned trial Judge for his appearance in this

court on 30.07.2024 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 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

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 185-GKaviya/-

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