Nimbaram vs State Of Rajasthan (2025:Rj-Jd:545)
2025 Latest Caselaw 3780 Raj

Rajasthan High Court - Jodhpur

Nimbaram vs State Of Rajasthan (2025:Rj-Jd:545) on 6 January, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:545]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                             No. 1770/2024

Nimbaram S/o Jiyaram, Aged About 74 Years, R/o Mekrana, P.s.
Pachpadara, Dist. Barmer (At Present Lodged In Dist. Jail,
Barmer)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Petitioner(s)        :     Mr. Bhanwaru Ram
For Respondent(s)        :     Mr. Narendra Gehlot, PP with
                               Mr. OP Choudhary



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

06/01/2025

Heard learned counsel for the appellant as well as learned

Public Prosecutor 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 present 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 430 of BNSS is allowed and it is ordered that the

sentence passed by the learned Special Judge, NDPS Act Cases

(Additional Sessions Judge No.1), Barmer, vide judgment dated

[2025:RJ-JD:545] (2 of 2) [SOSA-1770/2024]

12.12.2024 in Session Case No.211/2016 (39/2010) (CIS

No.115/2017) against the applicant Nimbaram S/o Jiyaram, 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 10.02.2025 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 145-MS/-

Powered by TCPDF (www.tcpdf.org)