Rajasthan High Court - Jodhpur
Bheem Raj @ Surendra vs State Of Rajasthan (2025:Rj-Jd:11029) on 25 February, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:11029]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 140/2025
Bheem Raj @ Surendra S/o Madan Lal, Aged About 34 Years, R/o
Dobi, Police Station Bhadra, District Hanumangarh. (At Present
Lodged At Central Jail Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Manish Dhebana
For Respondent(s) : Mr. Kuldeep Singh Kumpawat, Asst. to
Mr. Deepak Choudhary, AAG
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
25/02/2025
Heard learned counsel for the appellant as well as learned Asst.
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 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 Asst. 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:11029] (2 of 2) [SOSA-140/2025]
sentence in the judgment dated 19.12.2024 passed by the learned
Special Judge NDPS Act Cases, Rajgarh, District Churu, in Criminal
Case No.45/2020, against the appellant-applicant Bheem Raj @
Surendra S/o Madan Lal, 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.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
84-Ishan/-
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