Mohammedjuber @ Kala vs State Of Rajasthan (2025:Rj-Jd:295)
2025 Latest Caselaw 3718 Raj

Rajasthan High Court - Jodhpur

Mohammedjuber @ Kala vs State Of Rajasthan (2025:Rj-Jd:295) on 3 January, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:295]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                         No. 1723/2024

Mohammed Juber @ Kala S/o Hakanwaj Musalman, Aged About
45 Years, R/o Rathi Khera, P.s. Tibbi Dist. Hanumangarh (At
Present Lodged In Sub Jail, Rajgarh)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. C.S. Kotwani
For Respondent(s)        :     Mr. Hanuman Prajapati, PP


          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order 03/01/2025

Heard learned counsel for the parties.

Learned counsel for the appellant submits that recovered

contraband is below commercial quantity. The accused-appellant

was on bail during the trial and hearing of the appeal will take

sufficiently long time, therefore, the sentence of the appellant may

kindly be suspended.

Learned Public Prosecutor has 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, 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 B.N.S.S.) is allowed and it is

ordered that the sentences passed by the learned Special Judge,

NDPS Cases No.2, Rajgarh, District Churu vide judgment dated

[2025:RJ-JD:295] (2 of 2) [SOSA-1723/2024]

09.12.2024 in Sessions Case No.02/2015 against the appellant-

applicant - Mohammed Juber @ Kala S/o Hakanwaj Musalman

shall be suspended till final disposal of the aforesaid appeal

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 03.02.2025

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 62-Rashi/-

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