Rajasthan High Court - Jodhpur
Kailash Chandra vs State Of Rajasthan (2025:Rj-Jd:800) on 7 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:800]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1624/2024
Kailash Chandra S/o Shri Chhagan Lal Dhakad, Aged About 40
Years, R/o Jat, PS Ratangarh, Dist. Neemuch, MP (Lodged In
Dist. Jail Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1625/2024
Raju Singh @ Ramavatar @ Rajveer @ Rajendra Singh S/o Sh.
Nathu Singh Rajput, Aged About 33 Years, R/o Sarana, Sarwad
PS, Dist. Ajmer. (Lodged In District Jail Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Mahipal Bishnoi
Mr. Vijay Raj Bishnoi
For Respondent(s) : Mr. Pawan Kumar Bhati, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
07/01/2025
Heard learned counsel for the appellants and learned Public
Prosecutor on both the applications for suspension of sentence.
Counsel for the appellants submits that the recovery of
contraband in this case was made from an abandoned vehicle and
later on, the present appellants were arrested only on the basis of
[2025:RJ-JD:800] (2 of 3) [SOSA-1624/2024]
statement given by co-accused Madan Singh and they have been
implicated in this case with the aid of Section 29 of NDPS Act.
Counsel further submits that there is clear cut violation of Section
52A of NDPS Act as there is no documents available on record
regarding the fact that a search was made in the presence of the
Magistrate. Counsel submits that the appellants were on bail
during the trial and there is no chance of hearing of the appeals in
near future. In these circumstances, it is prayed that the sentence
of the appellants may be suspended and they may be released on
bail.
Learned Public Prosecutor has opposed the applications for
suspension of sentence.
Upon a consideration of the arguments advanced on behalf
of the appellants and having regard to the facts and circumstances
of the case including the facts that the appellants were on bail
during the trial and there is no chance of hearing of the appeals in
near future, this Court is of the opinion that it is a fit case for
suspending the sentence awarded to the accused appellants.
Accordingly, both the applications for suspension of sentence
filed under Section 389 Cr.P.C. (Section 430 of BNSS) are allowed
and it is ordered that the sentence passed by the learned Special
Judge, NDPS Cases & Addl. Sessions Judge, Begun, District
Chittorgarh, vide judgment dated 16.11.2024 in Sessions Case
No.119/2023 (54/2009) against the applicants (1) Kailash
Chandra S/o Shri Chhagan Lal Dhakad & (2) Raju Singh @
Ramavatar @ Rajveer @ Rajendra Singh S/o Sh. Nathu Singh
Rajput, shall remain suspended till final disposal of the aforesaid
appeals and they shall be released on bail, provided each of them
[2025:RJ-JD:800] (3 of 3) [SOSA-1624/2024]
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 their appearance in this court on 24.02.2025 and
whenever ordered to do so till the disposal of the appeals 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
149-150-MS/-
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