Rajasthan High Court - Jodhpur
Jaswant Kumar @ Sonu vs State Of Rajasthan (2024:Rj-Jd:41816) on 15 October, 2024
Author: Birendra Kumar
Bench: Birendra Kumar
[2024:RJ-JD:41816]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 196/2024
IN
S.B. Criminal Appeal No. 236/2024
Jaswant Kumar @ Sonu S/o Shri Birbalram, Aged About 26
Years, R/o 17 Ksp (Kishanpura Dikhnada) P.s. Hanumangarh
(Presently Lodged At Jail Bikaner).
----Applicant
Versus
State Of Rajasthan, Through PP
----Respondent
For Applicant (s) : Mr. Vinod Kumar Sihag.
For Respondent(s) : Mr. Surendra Bishnoi, PP.
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
15/10/2024
1. Heard learned counsel for the parties on the prayer for
suspension of sentence.
2. 10 years rigorous imprisonment has been awarded against
the applicant by the impugned judgment dated 28.11.2023 passed
in Sessions Case No. 03/2018.
3. Learned counsel for the applicant submits that applicant is in
custody since more than 6 years. There is non-compliance of the
mandates of law under Section 52 A of the NDPS Act.
4. Learned Public Prosecutor opposed the prayer for suspension
of sentence.
5. Considering the aforesaid facts as well as the fact that the
appeal would take time for final disposal, the instant application
for suspension of sentence stands allowed. The sentence awarded
[2024:RJ-JD:41816] (2 of 2) [SOSA-196/2024]
against the applicant above-named by the Learned Additional
Sessions Judge No. 1, Raisinghnagar, Anupgarh vide judgment
dated 28.11.2023 passed in Sessions Case No.03/2018 (CIS No.
03/2018) shall remain suspended till final disposal of the appeal
provided that he furnishes a 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 he 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 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(s), they
will give in writing their changed address(s) to the trial
court.
6. 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
28-sumer/-
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