Rajasthan High Court - Jodhpur
Mahender Singh vs State Of Rajasthan (2025:Rj-Jd:18933) on 16 April, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:18933]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 204/2024
In
S.B. Criminal Appeal No. 241/2025
Mahender Singh S/o Shri Hanuman Singh, Aged About 34 Years,
R/o Village Dhingtaniya, P.s. Sadulsahar, Dist. Sri Ganganagar,
Raj. (At Present Lodged In Central Jail, Bikaner).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. S.R. Godara
For Respondent(s) : Mr. Sri Ram Choudhary, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
16/04/2025
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
14.12.2023 passed by the learned Special Judge, NDPS Act Cases
Sangaria, District Hanumangarh in Sessions Case No.7/2017
whereby he was maximum convicted and sentenced to suffer ten
years' RI along with a fine of Rs.1,00,000/- under Section 8/21 &
8/25 of the NDPS Act and lesser sentence under Section 18 (C)
/27 (B), (ii) of NDPS Act.
2. It is contended by the learned counsel for the appellant that
the learned trial Judge has not appreciated the correct, legal and
factual aspects of the matter and thus, reached at an erroneous
conclusion of guilt, therefore, the same is required to be
[2025:RJ-JD:18933] (2 of 3) [SOSA-204/2024]
appreciated again by this court being the first appellate Court. The
appellant remained on custody from 19.03.2017 to 16.07.2018
and from 14.12.2023 he is in custody. He was on bail during trial
and did not misuse the liberty so granted to him; hearing of the
appeal is likely to take long time, therefore, the application for
suspension of sentence may be granted.
3. Per contra, learned public prosecutor has vehemently
opposed the prayer made by learned counsel for the accused-
applicant for releasing the appellant on application for suspension
of sentence.
4. Heard learned counsel for the parties and perused the
material available on record.
5. Considering the submission with regard to non-compliance of
mandatory provisions and flouting of standing order issued by the
Government of India and further considering that hearing of the
appeal would likely to take a long time and the fact that during the
trial, the appellant remained on bail and did not misuse the liberty
so granted to him, this court is of the opinion that it is a fit case
for suspending the sentence awarded to the accused-appellant.
6. 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 trial court, the details of which are
provided in the first para of this order, against the appellant-
applicant named above shall remain suspended till final disposal of
the aforesaid appeal and he shall be released on bail provided he
executes a personal bond in the sum of Rs.50,000/-with two
sureties of Rs.25,000/- each to the satisfaction of the learned trial
Judge for his appearance in this court on 19.05.2025 and
[2025:RJ-JD:18933] (3 of 3) [SOSA-204/2024]
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(s), they
will give in writing their changed address to the trial
Court.
7. 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
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 does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(FARJAND ALI),J
79-Mamta/-
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