Rajasthan High Court - Jodhpur
Ishwar vs State Of Rajasthan (2025:Rj-Jd:27458) on 19 June, 2025
[2025:RJ-JD:27458]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Suspension of Sentence Application No.1152/2025
in
S.B. Criminal Appeal (Sb) No. 1432/2025
Ishwar S/o Dhanji, Aged About 65 Years, R/o Hindoliya, Police
Station Chitri, District Dungarpur (Rajasthan).
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Jagatveer Singh Deora
For Respondent(s) : Mr. Hanuman Prajapati, PP
HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI
(VACATION JUDGE)
Order
19/06/2025
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 26.05.2025 passed by the learned
Special Judge NDPS Cases, Dungarpur in Special Case
No.36/2021.
Learned counsel for the appellant submit that the appellant
was on bail during the trial and hearing of the appeal is likely to
take a long time. Therefore, the sentence awarded to the
appellant may be suspended.
Per contra, learned Public Prosecutor has vehemently
opposed the prayer of the appellant.
Having regard to the facts and circumstances of the case so
also the facts that the appeal preferred by the appellant against
[2025:RJ-JD:27458] (2 of 3) [CRLAS-1432/2025]
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 appellant.
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, Dungarpur vide judgment dated 26.05.2025 in
Special Case No.36/2021 against accused-appellant Ishwar S/o
Dhanji, shall remain suspended till final disposal of the aforesaid
appeal subject to depositing 100% of the fine amount. The
appellant shall be released on bail provided he executes 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
his 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:-
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-appellant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
appellant was tried and convicted. A copy of this order shall also
[2025:RJ-JD:27458] (3 of 3) [CRLAS-1432/2025]
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-appellant 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
222-JatinS/-
Powered by TCPDF (www.tcpdf.org)
