Rajasthan High Court - Jodhpur
Kurban Kha vs State Of Rajasthan (2024:Rj-Jd:37681) on 10 September, 2024
Author: Birendra Kumar
Bench: Birendra Kumar
[2024:RJ-JD:37681]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 650/2024
IN
S.B. Criminal Appeal No. 758/2024
Kurban Kha S/o Sardar Ali, Aged About 25 Years, R/o Ward No.
17 R/ Jandawali Police Station Sadar Dist. Hanumangarh
(Presently At Dist. Jail Hanumangarh)
----Applicant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Applicant (s) : Mr. Nishant Motsara.
For Respondent(s) : Mr. Surendra Bishnoi, PP.
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
10/09/2024
1. Heard learned counsel for the parties on the prayer for
suspension of sentence.
2. Learned counsel for the applicant submits that ten years
rigorous imprisonment has been awarded under Section 8/22 of
the NDPS Act. The applicant has already remained in jail for about
five years. There is no chance of early hearing of the appeal.
Learned counsel further submits that there is non-compliance of
the mandates of law in the matter of search, seizure and sampling
as required under Section 52-A of the NDPS Act.
3. Learned Public Prosecutor opposed the prayer for suspension
of sentence.
4. Considering the overall facts and circumstances of the case
and the fact that the appeal would take time for final disposal, the
[2024:RJ-JD:37681] (2 of 2) [SOSA-650/2024]
application for suspension of sentence is allowed and the sentence
awarded against the applicant above-named by the learned
Special Judge (NDPS Cases), Hanumangarh vide judgment dated
30.3.2024 passed in Sessions Case No.39/2019 (CIS No.
39/2019) shall remain suspended till final disposal of the appeal
provided he furnishes a bail bond of Rs.1,00,000/- with two
sureties of like amount (one of the sureties of territorial
jurisdiction of 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 July 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.
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
89-sumer/-
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