Soni Singh vs State Of Rajasthan (2025:Rj-Jd:1163)
2025 Latest Caselaw 3913 Raj

Rajasthan High Court - Jodhpur

Soni Singh vs State Of Rajasthan (2025:Rj-Jd:1163) on 8 January, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:1163]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                             No. 1732/2024

Soni Singh S/o Shri Minder Singh, Aged About 35 Years, R/o
Ramnagar Basti, Opp. Railway Station, Ward No. 23, Presently
Residing At Ward No. 24, Sangrur, P.s. City Sangrur, Dist.
Sangrur, Punjab (Lodged In Dist. Jail, Churu)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through PP
                                                                ----Respondent


For Petitioner(s)        :     Mr. Sanjay Kumar Poonia
For Respondent(s)        :     Mr. Deepak Choudhary, GA cum AAG
                               with Mr. Kuldeep Singh Kumpawat



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment

08/01/2025

Heard learned counsel for the parties and perused the

material available on record.

Learned counsel for the appellant submits the recovered

contraband is below commercial quantity. He further submits that

the 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 opposed the prayer for suspension

of sentence.

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 appellant was on bail

during the trial and hearing of the appeal is likely to take time,

[2025:RJ-JD:1163] (2 of 3) [SOSA-1732/2024]

therefore, this court is of the opinion that it is a fit case for

suspending the substantive sentence awarded to the accused

appellant.

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 Special Judge (NDPS Act

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

09.12.2024 in Sessions Case No.09/2016 against the appellant-

applicant - Soni Singh S/o Shri Minder Singh, shall remain

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 11.02.2025 and

whenever ordered to do so till the disposal of the appeal on the

conditions indicated below:-

1. That he 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 will give in writing his 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.

The learned trial Court shall keep the record of attendance of

the accused-applicant in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

applicant was 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

[2025:RJ-JD:1163] (3 of 3) [SOSA-1732/2024]

pendency and disposal of cases in the trial court. In case the said

accused applicant 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 183-mSingh/-

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