Rajasthan High Court - Jodhpur
Bhagwan vs State Of Rajasthan (2025:Rj-Jd:17303) on 3 April, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:17303]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 296/2025
Bhagwan S/o Mangilal Bheel, Aged About 39 Years, Occupation-
Farming, R/o Baag Pachikhedi, P.s. Bengu, Dist. Chittorgarh (At
Present Lodged In Central Jail, Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Anil Vyas
For Respondent(s) : Mr. Deepak Choudhary, GA cum AAG
with Mr. Kuldeep Singh Kumpawat
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
03/04/2025
Heard learned counsel for the parties and perused the
material available on record.
Learned counsel for the appellant submits that sentence of
similar situated co-accused persons namely Ratan Lal, Mamraj,
Shanti Lal and Bablu has already been suspended and the case of
present-petitioner is also similar to that of them. Counsel further
submits that the appellant was on bail during the trial and hearing
of the appeal will take sufficiently long time, therefore, the
sentence of the appellant may be suspended.
Learned AAG opposed the prayer for suspension of sentence.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case including the facts that the appellant was on bail
[2025:RJ-JD:17303] (2 of 3) [SOSA-296/2025]
during the trial and hearing of the appeal is likely to take time,
therefore, this court is of the opinion that it is a fit case for
suspending the substantive sentence awarded to the accused
appellant.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentence passed by learned Special Judge (Additional Session
Judge), NDPS Act Cases, Begun, District Chittorgarh vide
judgment dated 28.08.2024 in Session Case No.160/2023 against
the appellant-applicant - Bhagwan S/o Mangilal Bheel 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 appearance in this
court on 06.05.2025 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
1. That he 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
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, 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 in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicant was tried and convicted. A copy of this order shall also
be placed in that file for ready reference. Criminal Misc. file shall
[2025:RJ-JD:17303] (3 of 3) [SOSA-296/2025]
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 do 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
192-mSingh/-
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