Bali Ram vs State Of Rajasthan (2025:Rj-Jd:5384)
2025 Latest Caselaw 5556 Raj

Rajasthan High Court - Jodhpur

Bali Ram vs State Of Rajasthan (2025:Rj-Jd:5384) on 28 January, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:5384]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                         No. 1706/2024
Bali Ram S/o Ramrakh, Aged About 44 Years, R/o Haripura, P.s.
Sangaria Tehsil Sangaria Dist. Hanumangarh (At Present Lodged
In Sub Jail, Sangaria)
                                                                     ----Petitioner
                                      Versus
State Of Rajasthan, Through Pp
                                                                   ----Respondent


For Petitioner(s)           :     Mr. Kailash Khilery
For Respondent(s)           :     Mr. Kuldeep Singh Kumpawat, Asst. to
                                  Mr. Deepak Choudhary, AAG


      HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order 28/01/2025

Heard learned counsel for the appellant as well as learned

Assistant to Addl. Advocate General and perused the material

available on record.

Learned counsel for the appellant submits that the recovered

contraband is below commercial quantity and there is no other

criminal antecedent against the appellant and the appellant was 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 appellant.

Upon a consideration of the arguments advanced on behalf of

the appellant and having regard to the facts and circumstances of

the case, the appellant was 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 appellant.

Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. (430 BNSS) is allowed and it is ordered

[2025:RJ-JD:5384] (2 of 2) [SOSA-1706/2024]

that the sentence in the judgment dated 29.11.2024 passed by the

learned Addl. District & Sessions Judge (NDPS Cases), Sangariya,

District Hanumangarh, in Sessions (NDPS) Case No.27/2019 against

the appellant-applicant Bali Ram S/o Ramrakh, shall remain

suspended till final disposal of the aforesaid appeal and he will be

released on bail, provided he executes 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/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 109-Ishan/-

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