Citation : 2025 Latest Caselaw 7252 Raj
Judgement Date : 13 February, 2025
[2025:RJ-JD:8862]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1785/2024
Rulda Singh S/o Jagir Singh, Aged About 47 Years, R/o
Govindpura, Teh. Nabha, Dist. Patiala, Punjab. (Lodged In Sub
Jail Rajgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Dr. Rohit Kaswan
For Respondent(s) : Mr. Deepak Choudhary, AAG assisted
by Mr. KS Kumpawat
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
13/02/2025
Heard learned counsel for the appellant as well as learned
AAG and perused the material available on record.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case including the facts that the recovered contraband is
below commercial quantity and the appellant 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.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. (430 of BNSS) is allowed and it is
ordered that the sentence passed by the learned Additional
District & Sessions Judge No.1, Rajgarh (Churu), vide judgment
[2025:RJ-JD:8862] (2 of 2) [SOSA-1785/2024]
dated 06.12.2024 in Case No.05/2021 against the applicant Rulda
Singh S/o Jagir 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.2,00,000/- with two
sureties of Rs.1,00,000/- each to the satisfaction of the learned
trial Judge for his appearance in this court on 26.03.2025 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 138-MS/-
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