Rajasthan High Court - Jodhpur
Satyanarayan Sattu vs State Of Rajasthan (2025:Rj-Jd:27383) on 18 June, 2025
[2025:RJ-JD:27383]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Suspension of Sentence Application No.1118/2025
in
S.B. Criminal Appeal (Sb) No.1328/2025
1. Satyanarayan Sattu S/o Shri Nanalal Gujar, Aged About
40 Years, R/o Rawat Ka Talab, Police Station Vijaypur,
Dist. Chittorgarh. (Presently Lodged At District Jail,
Chittorgarh)
2. Balu Ram S/o Shri Kishana Gurjar, Aged About 55 Years,
R/o Chandol, Police Station Ratangarh, Dist. Nimach
(M.P.) (Presently Lodged At District Jail, Chittorgarh)
3. Narayan Lal S/o Shri Kishana Gujar, Aged About 43 Years,
R/o Chandol, Police Station Ratangarh, Dist. Nimach
(M.P.) (Presently Lodged At District Jail, Chittorgarh)
4. Kalu Ram S/o Shri Udai Ram Meghwal, Aged About 43
Years, R/o Luhariya Jat, Police Station Ratangarh, Dist.
Nimach (M.P.) (Presently Lodged At District Jail,
Chittorgarh)
----Appellants
Versus
State Of Rajasthan, through PP
----Respondent
For Appellant(s) : Mr. Bhawani Singh
For Respondent(s) : Mr. Ravindra Singh, PP
HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI
(VACATION JUDGE)
Order
18/06/2025
This suspension of sentence application under Section 430 of
BNSS (U/s 389 Cr.P.C) has been filed against the judgment of
conviction and sentence dated 04.06.2025 passed by the learned
[2025:RJ-JD:27383] (2 of 3) [CRLAS-1328/2025]
Special Judge NDPS Cases No.1, Chittorgarh in Sessions Case
No.11/2011.
Learned counsel for the appellants submit that the appellants
were on bail during the trial and hearing of the appeal is likely to
take a long time. Therefore, the sentence awarded to the
appellants may be suspended.
Per contra, learned Public Prosecutor has vehemently
opposed the prayer of the appellants.
Having regard to the facts and circumstances of the case so
also the facts that the appeal preferred by the appellant against
the impugned judgment is not likely to be heard in near future, I
consider it just and proper to suspend the sentence awarded to
the accused appellants.
Accordingly, this application for suspension of sentence
under Section 430 of BNSS (U/s 389 Cr.P.C) is allowed and it is
ordered that the sentence passed by the learned Special Judge
NDPS Cases No.1, Chittorgarh vide judgment dated 04.06.2025 in
Sessions Case No.11/2011 against accused-appellants (1)
Satyanarayan Sattu S/o Shri Nanalal Gujar, (2) Balu Ram
S/o Shri Kishana Gurjar, (3) Narayan Lal S/o Shri Kishana
Gujar and (4) Kalu Ram S/o Shri Udai Ram Meghwal, shall
remain suspended till final disposal of the aforesaid appeal subject
to depositing 100% of the fine amount. The appellants shall be
released on bail provided they execute a personal bond in the sum
of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the
satisfaction of the learned trial Judge for their appearance in this
court on 21.07.2025 and whenever ordered to do so, till the
disposal of the appeal on the conditions indicated below:-
[2025:RJ-JD:27383] (3 of 3) [CRLAS-1328/2025]
1. That he/they will appear before the trial Court in
the month of January of every year till the appeal
is decided.
2. That if the appellant changes the place of
residence, he/they will give in writing his/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.
4. The appellants shall deposit 100% of fine amount
as imposed by the trial court.
The learned trial Court shall keep the record of attendance of
the accused-appellants in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-appellants 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-appellants does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(CHANDRA PRAKASH SHRIMALI),VJ
192-Hanuman/-
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