Rajasthan High Court - Jodhpur
Rajendra Singh Alias Manda vs State Of Rajasthan on 4 August, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 1935/2025
Rajendra Singh Alias Manda S/o Teerth Singh, Aged About 32
Years, R/o Ward No 7 Shyam Nagar, Purani Abadi Sri
Ganganagar. (Sentence Already Suspended)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Jitendra Ojha
For Respondent(s) : Mr. Surendra Bishnoi, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
04/08/2025
IN S.B. Criminal Appeal (SB) No. 1935/2025:-
1. Heard.
2. Admit.
3. Call for the record.
4. Learned Public Prosecutor accepts notice on behalf of
respondent-State.
IN S.B. Criminal Misc. Suspension of Sentence Application
No.1462/2025:-
1. Heard learned counsel for the appellant-applicant as well as
learned Public Prosecutor and perused the material available on
record.
2. Learned counsel for the appellant-applicant submits that the
appellant-applicant has been convicted for the offences under
Sections 27(b)(ii), 22(3) & 28 of Drugs and Cosmetic Act, 1940.
He further submits that the appellant-applicant was on bail during
(2 of 3) [CRLAS-1935/2025]
the trial and there is no chance of hearing of the appeal in near
future. In these circumstances, it is prayed that the sentence of
the appellant-applicant may be suspended and he may be
released on bail.
3. Learned Public Prosecutor opposed the application for
suspension of sentence.
4. Upon a consideration of the arguments advanced on behalf
of the appellant-applicant and having regard to the facts and
circumstances of the case, including the facts that the appellant-
applicant was on bail during the trial and there is no chance of
hearing of the appeal in near future, this Court is of the opinion
that it is a fit case for suspending the sentence awarded to the
accused appellant-applicant.
5. Accordingly, the application for suspension of sentence filed
under Section 430(2) of BNSS is allowed and it is ordered that
the sentence passed by the learned Session Judge, Sri
Ganganagar, vide judgment dated 16.07.2025 in Session Case
No.29/2019, (CIS No.30/2019) against the applicant Rajendra
Singh @ Manda S/o Teerth Singh, 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.1,00,000/- with two sureties of Rs.50,000/- each to the
satisfaction of the learned trial Judge for his appearance in this
court on 08.09.2025 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
(3 of 3) [CRLAS-1935/2025]
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.
6. 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.
(SANDEEP SHAH),J
10-devrajP/-
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