Keshwanand vs State Of Rajasthan (2024:Rj-Jd:39556)
2024 Latest Caselaw 8407 Raj

Rajasthan High Court - Jodhpur

Keshwanand vs State Of Rajasthan (2024:Rj-Jd:39556) on 23 September, 2024

Author: Birendra Kumar

Bench: Birendra Kumar

[2024:RJ-JD:39556]                           (1 of 3)                      [SOSA-1079/2024]


      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR



 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                                      No. 1079/2024

                                                in

                     S.B. Criminal Appeal No. 727/2024

Keshwanand S/o Shri Babulal, Aged About 30 Years, R/o Ward
No. 6, Sahajipur, P.s. Sadar, Dist. Hanumangarh (At Present
Lodged In Dist. Jail, Hanumangarh)
                                                                            ----Petitioner
                                            Versus
State Of Rajasthan, Through Pp
                                                                          ----Respondent


For Petitioner(s)                 :     Mr. Rakesh Matoria
For Respondent(s)                 :     Mr. Urja Ram Kalbi, PP



            HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

23/09/2024

1. Heard learned counsel for the parties on the prayer for

suspension of sentence.

2. Conviction has been recorded under Sections 8/22 of NDPS

Act and ten years' rigorous imprisonment has been awarded by

the learned trial Judge vide impugned judgment dated

22.04.2024.

3. Learned counsel for the applicant 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 NDPS Act. Learned

counsel further contends that applicant is already in jail since

[2024:RJ-JD:39556] (2 of 3) [SOSA-1079/2024]

about five years. There is chances of success in the appeal for

other infirmities in the prosecution case as well.

4. Learned Public Prosecutor opposed the prayer for suspension

of sentence.

5. Considering the overall facts and circumstances of the case

and the fact that the appeal would take time for final disposal, the

instant application for suspension of sentence is allowed and the

sentence awarded against the applicant above-named by the

learned Special Judge, NDPS Act Cases, Hanumangarh vide

judgment dated 22.04.2024 passed in Sessions Case No.62/2019

shall remain suspended till final disposal of the appeal provided he

furnishes a bail bond of Rs.50,000/- 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 September 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

[2024:RJ-JD:39556] (3 of 3) [SOSA-1079/2024]

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 109-deep/-

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