Rajasthan High Court - Jodhpur
Vardi Chand vs State Of Rajasthan (2025:Rj-Jd:1496) on 9 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:1496]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1773/2024
Vardi Chand S/o Bheru Lal Jat, Aged About 38 Years, R/o
Kachriya Dev, Thana Malhargarh, Dist. Mandsour, Mp. (Lodged In
Dist. Jail Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Mangilal Vishnoi
For Respondent(s) : Mr. Narendra Gehlot, PP assisted by
Mr. Omprakash Choudhary
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
09/01/2025
Heard learned counsel for the appellant and learned Public
Prosecutor. 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 appellant was on bail
during the trial and the recovered contraband is below commercial
quantity and hearing of the appeal is likely to take time, therefore,
this court is of the opinion that it is a fit case for suspending the
sentence awarded to the accused appellant.
Learned Public Prosecutor has opposed the prayer made by
the counsel for the appellant.
Accordingly, the application for suspension of sentence filed
under Section 430 B.N.S.S. is allowed and it is ordered that the
sentence passed by learned Special Judge, N.D.P.S. Act Cases
No.1, Chittorgarh, vide judgment dated 12.12.2024 in Sessions
[2025:RJ-JD:1496] (2 of 2) [SOSA-1773/2024]
Case No.14/2013 against the appellant-applicant- Vardi Chand
S/o Bheru Lal Jat, 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 13.02.2025 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:-
1. That she 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, she will give in writing her 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
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
189-GKaviya/-
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