Kuldeep Singh @ Kaku vs State Of Rajasthan (2025:Rj-Jd:11715)
2025 Latest Caselaw 8104 Raj

Rajasthan High Court - Jodhpur

Kuldeep Singh @ Kaku vs State Of Rajasthan (2025:Rj-Jd:11715) on 3 March, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:11715]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                                No. 89/2025

Kuldeep Singh @ Kaku S/o Shri Balveer Singh Raisikh, Aged
About 35 Years, R/o 500 L.N.P. Second, P.S. Hindumalkot, Dist.
Sriganganagar,raj. (Lodged In Dist. Jail, Sriganganagar)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through PP
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Sunil Joshi
For Respondent(s)         :     Mr. Deepak Choudhary, GA cum AAG
                                with Mr. Kuldeep Singh Kumpawat



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment

03/03/2025

Heard learned counsel for the parties and perused the

material available on record.

Learned counsel for the appellant submits the recovered

contraband is below commercial quantity. He further submits that

the appellant was on bail during the trial and hearing of the appeal

will take sufficiently long time, therefore, the sentence of the

appellant may kindly be suspended.

Learned AAG opposed the prayer for suspension of sentence.

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 and hearing of the appeal is likely to take time,

[2025:RJ-JD:11715] (2 of 3) [SOSA-89/2025]

therefore, this court is of the opinion that it is a fit case for

suspending the sentence awarded to the accused appellant.

Accordingly, the application for suspension of sentence filed

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

ordered that the sentence passed by learned Special Judge (NDPS

Act Cases), District Sri Ganganagar vide judgment dated

09.12.2024 in Sessions Case No.36/2018 against the appellant-

applicant - Kuldeep Singh @ Kaku S/o Shri Balveer Singh

Raisikh, shall remain suspended till final disposal of the aforesaid

appeal provided he/she/they 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/her/their appearance

in this court on 07.04.2025 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 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, 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

[2025:RJ-JD:11715] (3 of 3) [SOSA-89/2025]

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 157-mSingh/-

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