Rajasthan High Court - Jodhpur
Ranglal vs State Of Rajasthan (2024:Rj-Jd:40728) on 1 October, 2024
Author: Birendra Kumar
Bench: Birendra Kumar
[2024:RJ-JD:40728]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1040/2024
In
S.B. Criminal Appeal No.1285/2024
1. Ranglal S/o Bautlal, Aged About 35 Years, R/o Gomana, Ps
Chhoti Sadri, Dist. Pratapgarh, Raj.
2. Ghanshyam Balai S/o Laxmixhand Balai, Aged about 38 years,
R/o Diken, Police Station Ratangarh, District Neemuch presently
Bamori Thana, Jeeran, District Neemuch (M.P).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1116/2024
In
S.B. Criminal Appeal No.1360/2024
Bheru Lal S/o Udai Ram, Aged About 41 Years, R/o Bhutiya
Khurd, Ps Bhadesar Dist. Chittorgarh. (Lodged In Dist Jail Sirohi)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. J.S. Deora
Mr. Kailash Chandra Bishnoi
For Respondent(s) : Mr. Urja Ram Kalbi, PP
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
01/10/2024
1. Heard the parties.
[2024:RJ-JD:40728] (2 of 3) [SOSA-1040/2024]
2. Learned counsel for the applicants submits that Six years'
rigorous imprisonment has been awarded against the applicants
by the trial judge for offence under Section 8/15(B) NDPS Act.
Similar punishment is there for offence under Section 8/25 NDPS
Act. Learned counsel for the applicants contends that applicants
have remained in jail for five years and nine months
approximately.
3. Learned Public Prosecutor opposed the prayer for suspension
of sentence.
4. Considering the submission of learned counsel for the
applicants as well as the fact that the appeal would take time for
final disposal, the applications for suspension of sentence stand
allowed. The sentence awarded against the applicants above-
named by the Learned Special Judge, NDPS Act Cases, Sirohi vide
judgment dated 16.08.2024 passed in Sessions Case
No.04/2012(09/2014) shall remain suspended till final disposal of
the appeal provided each of them furnishes bail bond of
Rs.50,000/- with two sureties of like amount (one of the sureties
of territorial jurisdiction of the trial court) to the satisfaction of the
learned trial Court with following conditions:-
(1) That they will appear in person before the trial court in
the first week of November of every year till the appeal is
decided.
(2) That if the applicants changes the place of residence,
they will give in writing 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(s) to the trial
court.
[2024:RJ-JD:40728] (3 of 3) [SOSA-1040/2024]
5. 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.
(BIRENDRA KUMAR),J
82-83-nitin/-
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