Citation : 2025 Latest Caselaw 4768 Raj
Judgement Date : 16 January, 2025
[2025:RJ-JD:2954]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 540/2024
Puranlal S/o Mangtaram, Aged About 32 Years, R/o Dablibas
Molavi, P.s. Sadar Hanumangarh (At Present Confined In Dist.
Jail Hanumangarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Anil Bidan Halu
For Respondent(s) : Mr. K.S. Kumpawat, assistant to
Mr. Deepak Chowdhary, GA-cum-AAG
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
16/01/2025
Heard learned counsel for the parties.
Learned counsel for the appellant submits that the sentence
of similar situated co-accused Kurban Kha has already been
suspended by co-ordinate Bench of this Court and the case of
present petitioner is not distinguishable. The hearing of the appeal
will take sufficiently long time, therefore, the sentence of the
appellant may kindly be suspended.
Learned Addl. G.A. has opposed the prayer made by the
counsel for the appellant.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case, this court is of the opinion that it is a fit case for
suspending the sentence awarded to the accused appellant.
[2025:RJ-JD:2954] (2 of 3) [SOSA-540/2024]
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Sessions Judge, Special Court,
Narcotics Drugs & Psychotrophic Substance Act Cases,
Hanumangarh vide judgment dated 30.03.2024 in Sessions Case
No.39/2019 against the appellant-applicant - Puranlal S/o
Mangtaram shall be 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 17.02.2025 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
[2025:RJ-JD:2954] (3 of 3) [SOSA-540/2024]
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(MANOJ KUMAR GARG),J 62-Rashi/-
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