Rajasthan High Court - Jodhpur
Om Prakash @ Prakash vs State Of Rajasthan (2025:Rj-Jd:17793) on 7 April, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:17793]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1602/2024
Om Prakash @ Prakash S/o Kesa Ram, Aged About 32 Years, R/o
Kotda, Police Station Karda, Dist. Jalore. (At Present Lodged In
Dist. Jail, Sirohi)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1660/2024
Jeta Ram S/o Harzi Ram, Aged About 45 Years, Kotda, Karda P.s.
Dist. Jalore. (At Present Lodged In Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Mahipal Vishnoi
Mr. KL Vishnoi
For Respondent(s) : Mr. K.S. Kumpawat, assistant to Mr.
Deepak Chowdhary, GA-cum-AAG
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
07/04/2025
Heard learned counsel for the parties.
Learned counsel for the appellants submits that the
appellants are in judicial custody for more than six years and
hearing of the appeals will take sufficiently long time. Learned
counsel relied on the judgment passed by Hon'ble the Supreme
Court in the case of Rakesh Vs. State of Rajasthan passed in
[2025:RJ-JD:17793] (2 of 3) [SOSA-1602/2024]
Special Leave to Appeal (Crl.) No.486/2025. In the said judgment,
the Hon'ble Supreme Court has held as under:
"Considering the facts and circumstances of the
case and the period of incarceration already
undergone by the petitioner, which is about five
years, we are inclined to suspend the sentence
pending appeal before the High Court and grant
bail to the petitioner."
In these circumstances, the sentence of the appellants may
kindly be suspended.
Learned Addl. G.A. has opposed the prayer made by the
counsel for the appellants.
Upon a consideration of the arguments advanced on behalf of
the appellants and having regard to the facts and circumstances of
the case, this court is of the opinion that it is a fit case for
suspending the sentence awarded to the accused appellants.
Accordingly, the applications for suspension of sentence filed
under Section 389 Cr.P.C./430 B.N.S.S. is allowed and it is ordered
that the sentences passed by the learned Special Judge, NDPS Act
Cases, Sirohi vide judgment dated 18.11.2024 in Sessions Case
No.07/2012 against the appellants-applicants - (1) Om Prakash @
Prakash S/o Kesa Ram & (2) Jeta Ram S/o Harzi Ram shall be
suspended till final disposal of the aforesaid appeals provided each
of them 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 their appearance in this court on
07.05.2025 and whenever ordered to do so till the disposal of the
appeals on the conditions indicated below:-
[2025:RJ-JD:17793] (3 of 3) [SOSA-1602/2024]
1. That he/she/they will appear before the trial
Court in the month of January of every year till the
appeals are 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
67-68-Rashi/-
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