Rajasthan High Court - Jodhpur
Shiv Lal vs State Of Rajasthan (2025:Rj-Jd:8668) on 12 February, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:8668]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 182/2025
1. Shiv Lal S/o Nirbhay Ram, Aged About 29 Years, R/o
Sekdi, Police Station Hathuniya, District Pratapgarh. (At
Present Lodged In District Jail Pratapgarh)
2. Mukesh S/o Ragunath, Aged About 52 Years, R/o Sekdi,
Police Station Hathuniya, District Pratapgarh. (At Present
Lodged In District Jail Pratapgarh)
----Petitioners
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Shiv Kumar Bhati
For Respondent(s) : Mr. Narendra Gehlot, PP with
Mr. Om Prakash Choudhary
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
12/02/2025
Heard learned counsel for the parties and perused the
material available on record.
Learned counsel for the appellant(s) submits that the
recovered contraband is below commercial quantity. He further
submits that the appellant(s) were on bail during the trial and
hearing of the appeal will take sufficiently long time, therefore, the
sentence of the appellant(s) may kindly be suspended.
Learned Public Prosecutor opposed the prayer for suspension
of sentence.
Upon a consideration of the arguments advanced on behalf
of the appellant(s) and having regard to the facts and
[2025:RJ-JD:8668] (2 of 3) [SOSA-182/2025]
circumstances of the case including the facts that the appellant(s)
were on bail 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 sentence awarded to the accused appellant(s).
Accordingly, the application for suspension of sentence is
allowed and it is ordered that the sentence passed by learned
Special Judge (NDPS Cases), Pratapgarh vide judgment dated
24.01.2025 in Special Sessions Case No.29/2020 against the
appellant-applicant(s) - 1. Shiv Lal S/o Nirbhay Ram and 2.
Mukesh S/o Ragunath, shall remain suspended till final disposal
of the aforesaid appeal and he/she/they shall be released on bail
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/her/their appearance
in this court on 12.03.2025 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, 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) 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
[2025:RJ-JD:8668] (3 of 3) [SOSA-182/2025]
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
316-mSingh/-
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