Rajasthan High Court - Jodhpur
Mangat Ram@ Sadhu vs State Of Rajasthan (2025:Rj-Jd:5154) on 27 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:5154]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1647/2024
Mangat Ram @ Sadhu S/o Gagan Ram, Aged About 30 Years,
Seeto, P.s. Sadar Abohar, Presently R/o Ward No. 06,
Bhagatpura, P.s. Sangaria, Distt. Hanumangarh (Raj.) (Presently
Lodged At Central Jail, Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Om Singh Chouhan
For Respondent(s) : Mr. Omprakash Choudhary, A.G.A.
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
27/01/2025
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 as well as recovered contraband was 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 of BNSS (389 Cr.P.C.) is allowed and it is
ordered that the sentence passed by learned Additional District
[2025:RJ-JD:5154] (2 of 2) [SOSA-1647/2024]
and Sessions Judge (N.D.P.S. Cases), Sangaria, District
Hanumangarh vide judgment dated 14.11.2024 in Session Case
No.09/2018 (C.I.S. No.23/2018) against the appellant-applicant-
Mangat Ram @ Sadhu S/o Gagan Ram, 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 03.03.2025 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
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
160-GKaviya/-
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