Citation : 2025 Latest Caselaw 10902 Raj
Judgement Date : 2 April, 2025
[2025:RJ-JD:17043]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 430/2025
Ram Lal S/o Shri Jagmal, Aged About 45 Years, R/o Pur, Sanchoe
Police Station, District Jalore. (Presently Lodged In District Jail
Jalore)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Vijay Raj Bishnoi
For Respondent(s) : Mr. Deepak Choudhary, GA cum AAG
with Mr. Kuldeep Singh Kumpawat
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
02/04/2025
Heard learned counsel for the parties and perused the
material available on record.
Learned counsel for the appellant(s) submits the recovered
contraband is below commercial quantity. He further submits that
the appellant(s) was on bail during the trial and hearing of the
appeal will take sufficiently long time, therefore, the sentence of
the appellant(s) may kindly be suspended.
Learned AAG opposed the prayer for suspension of sentence.
Upon a consideration of the arguments advanced on behalf
of the appellant(s) and having regard to the facts and
circumstances of the case including the facts that the appellant(s)
was on bail during the trial and hearing of the appeal is likely to
[2025:RJ-JD:17043] (2 of 3) [SOSA-430/2025]
take time, therefore, this court is of the opinion that it is a fit case
for suspending the sentence awarded to the accused appellant(s).
Accordingly, the application for suspension of sentence filed
under Section 430 BNSS (389 Cr.P.C.) is allowed and it is ordered
that the sentence passed by learned Special Judge, NDPS Act
Cases, Sanchore, District Jalore vide judgment dated 25.02.2025
in Sessions Case No.11/2022 against the appellant-applicant(s) -
Ram Lal S/o Shri Jagmal, shall remain suspended till final
disposal of the aforesaid appeal provided he/she/they 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/her/their appearance in this court on 05.05.2025 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:-
1. That he/she/they 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/she/they will give in writing his/her/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, they will give in writing their changed address to the trial Court.
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 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
[2025:RJ-JD:17043] (3 of 3) [SOSA-430/2025]
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.
(MANOJ KUMAR GARG),J 322-mSingh/-
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