Rajasthan High Court - Jodhpur
Virendra Singh vs State Of Rajasthan (2025:Rj-Jd:1763) on 10 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:1763]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 63/2025
Virendra Singh S/o Hanuman Singh, Aged About 44 Years, R/o
Ward No 10, Police Station Tibbi District Hanumangarh. (At
Present Lodged In Sub Jail, Rajgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. CS Kotwani
Mr. Manoj Choudhary
For Respondent(s) : Mr. Narendra Gehlot, PP with
Mr. OP Choudhary
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
10/01/2025
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 389 Cr.P.C. (430 of BNSS) is allowed and it is
ordered that the sentence passed by the learned Special Judge,
NDPS Cases, No.2, Rajgarh, District Churu, vide judgment dated
[2025:RJ-JD:1763] (2 of 2) [SOSA-63/2025]
09.12.2024 in Sessions Case No.02/2015 against the applicant
Virendra Singh S/o Hanuman Singh, 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 24.02.2025 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
141-MS/-
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