Citation : 2025 Latest Caselaw 11145 Raj
Judgement Date : 4 April, 2025
[2025:RJ-JD:17532]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1693/2024
Govind Mali S/o Mangi Lal Mali, Aged About 27 Years, R/o Bheem
Nagar, Tehsil Panchapahar, District Jhalawar. (At Present Lodged
In District Jail Bikaner).
----Petitioner
Versus
Uoi, Ncb
----Respondent
For Petitioner(s) : Mr. Ramniwas Bishnoi
For Respondent(s) : Mr. M.R. Pareek, Spl. P.P.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
04/04/2025
Heard learned counsel for the appellant as well as learned
Special Public Prosecutor and perused the material available on
record.
Learned counsel for the appellant submits that the appellant
is in custody since 09.04.2018 and hearing of the appeal will take
sufficient long time. Therefore, the sentence may kindly be
suspended.
Learned Special Public Prosecutor opposed the prayer made
by the counsel for the appellant.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case, the appellant has been in custody, therefore, this
Court is of the opinion that it is a fit case for suspending the
sentences 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
[2025:RJ-JD:17532] (2 of 2) [SOSA-1693/2024]
sentence in the judgment dated 18.11.2019 passed by the learned
Special Judge, NDPS Cases Hanumangarh, in Sessions Case
No.36/2018 against the appellant-applicant Govind Mali S/o
Mangi Lal Mali, shall remain suspended till final disposal of the
aforesaid appeal and he will be released on bail, provided he
executes 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 07.05.2025 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(s) 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(s), 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/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.
(MANOJ KUMAR GARG),J 234-Ishan/-
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