Citation : 2025 Latest Caselaw 7251 Raj
Judgement Date : 13 February, 2025
[2025:RJ-JD:8956]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1778/2024
Aman Singh S/o Pahalwan Singh, Aged About 28 Years, Ganda
Khana, Ratia, Distt. Fatehabad, Hariyana. (Presently Lodged At
Jail Churu)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Durgesh Khatri
For Respondent(s) : Mr. Kuldeep Singh Kumpawat, Asst. to
Mr. Deepak Choudhary, AAG
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order 13/02/2025
Heard learned counsel for the appellant as well as learned
Assistant to Addl. Advocate General and perused the material
available on record.
Learned counsel for the appellant submits that the recovered
contraband is below commercial quantity there and the appellant was
on bail during the trial and hearing of the appeal will take sufficient
long time. Therefore, the sentence may kindly be suspended.
Learned Assistant to Addl. Advocate General 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 was on bail during the trial, 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 430 BNSS is allowed and it is ordered that the
[2025:RJ-JD:8956] (2 of 2) [SOSA-1778/2024]
sentence in the judgment dated 27.11.2024 passed by the learned
Special Judge (NDPS Act Cases) No.2, Rajgarh (Churu), in Sessions
Case No.05/2015 against the appellant-applicant Aman Singh S/o
Pahalwan Singh, 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.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 18.03.2025 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(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 273-Ishan/-
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