Rajasthan High Court - Jodhpur
Nirmal Singh vs State Of Rajasthan (2025:Rj-Jd:10298) on 20 February, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:10298]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 184/2025
1. Nirmal Singh S/o Shri Narang Singh, Aged About 33
Years, R/o Thedi Sahib, Ps Gidarbaha, District Muktsar,
Punjab. (The Appellants Presently Lodged At Jail Bikaner)
2. Kulvindra Singh @ Kinda Singh S/o Shri Gurjant Singh @
Buta Singh, Aged About 35 Years, R/o Thedi Sahib, Ps
Gidarbaha, District Muktsar, Punjab Presently R/o Chak
Heerasingh Wala, P.s. Sangaria. (The Appellants Presently
Lodged At Jail Bikaner)
----Petitioners
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. N.K. Sharma
For Respondent(s) : Mr. Narendra Gehlot, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
20/02/2025
Heard learned counsel for the parties and perused the
material available on record.
Learned counsel for the appellant(s) submits 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.
[2025:RJ-JD:10298] (2 of 3) [SOSA-184/2025]
Upon a consideration of the arguments advanced on behalf
of the appellant(s) and having regard to the facts and
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 filed
under Section 389 Cr.P.C. (430 BNSS) is allowed and it is ordered
that the sentence passed by learned Additional District & Session
Judge, NDPS Act Cases, Sangariya, District Hanumangarh vide
judgment dated 15.01.2025 in Sessions NDPS Case No.14/2019
against the appellant-applicant(s) - 1. Nirmal Singh S/o Shri
Narang Singh and 2. Kulvindra Singh @ Kinda Singh S/o
Shri Gurjant Singh @ Buta Singh shall remain suspended till
final disposal of the aforesaid appeal provided he/she/they
execute 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
21.03.2025 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 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.
[2025:RJ-JD:10298] (3 of 3) [SOSA-184/2025]
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
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
199-mSingh/-
Powered by TCPDF (www.tcpdf.org)
