Rajasthan High Court - Jodhpur
Amal Barman vs State Of Rajasthan (2025:Rj-Jd:5374) on 28 January, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:5374]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1806/2024
1. Amal Barman S/o Dhaneshwar, Aged About 37 Years, R/o
Falimari, P.s. Kotwali, Dist. Kuch Behar (West Bengal)
(Lodged In Central Jail, Ajmer)
2. Shivnath Sarkar S/o Magalchand, Aged About 29 Years,
R/o Makkala, P.s. Kotwali, Dist. Kuch Behar (West Bengal)
(Lodged In Central Jail, Ajmer)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Pradeep Choudhary
Ms. Sampatti Choudhary
For Respondent(s) : Mr. Kuldeep Singh Kumpawat,
Assistant to Mr. Deepak Choudhary,
AAG
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
28/01/2025
Heard learned counsel for the appellants as well as learned
Assistant to Addl. Advocate General and perused the material
available on record.
Learned counsel for the appellants submits that the recovered
contraband is below commercial quantity and no other antecedent
against the present appellants and the appellants were on bail during
the trial and hearing of the appeal will take sufficient long time.
Therefore, the sentence may kindly be suspended.
Learned Assistant to Addl. Advocate General opposed the
prayer made by the counsel for the appellants.
[2025:RJ-JD:5374] (2 of 3) [SOSA-1806/2024]
Upon a consideration of the arguments advanced on behalf of
the appellants and having regard to the facts and circumstances of
the case, the appellants were on bail during the trial, therefore, this
Court is of the opinion that it is a fit case for suspending the
sentences awarded to the accused appellants.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C (430 BNSS) is allowed and it is ordered that
the sentence in the judgment dated 27.11.2024 passed by the
learned Special Judge, NDPS Act Cases, Merta, against the
appellants-applicants (1) Amal Barman S/o Dhaneshwar & (2)
Shivnath Sarkar S/o Magalchand, shall remain suspended till final
disposal of the aforesaid appeal and they will be released on bail,
provided they execute personal bond in the sum of Rs.2,00,000/-
each with two sureties of Rs.1,00,000/- each (out of which one
surety shall be of local resident) to the satisfaction of the learned
trial Judge for their 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/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
[2025:RJ-JD:5374] (3 of 3) [SOSA-1806/2024]
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
111-Ishan/-
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