Rajasthan High Court - Jodhpur
Omprakash Alias Prakash vs State Of Rajasthan (2025:Rj-Jd:4443) on 23 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:4443]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 35/2025
Omprakash Alias Prakash S/o Rameshwarlal, Aged About 40
Years, R/o Hirna, Teh. Fatehpur, Ps Sadar Fatehpur, Dist. Sikar.
(Lodged In Dist. Jail Sangariya Hanumangarh) ----Petitioner
Versus
State Of Rajasthan, Through PP ----Respondent
For Petitioner(s) : Mr. Mangi Lal Vishnoi
For Respondent(s) : Mr. N.K. Gurjar, GA cum AAG with
Mr. Narendra Gehlot
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
23/01/2025
Heard learned counsel for the parties and perused the
material available on record.
Learned counsel for the appellant submits that the recovered
contraband is below commercial quantity. Counsel 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,
therefore, 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 430 BNSS is allowed and it is ordered that the
sentence passed by learned Additional District & Session Judge
[2025:RJ-JD:4443] (2 of 2) [SOSA-35/2025]
(NDPS Act Cases), Sangariya, District Hanumangarh vide
judgment dated 20.12.2024 in Sessions (NDPS) Case No.13/2019
against the appellant-applicant - Omprakash Alias Prakash S/o
Rameshwarlal, 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 25.02.2025 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,
they will give in writing 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, 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
147-mSingh/-
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