Heera Lal vs State Of Rajasthan (2025:Rj-Jd:11704)
2025 Latest Caselaw 8107 Raj

Rajasthan High Court - Jodhpur

Heera Lal vs State Of Rajasthan (2025:Rj-Jd:11704) on 3 March, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:11704]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                                  No. 394/2025

Heera Lal S/o Kojaram, Aged About 41 Years, R/o Kakani
Bhakhari, Police Station Luni, District Jodhpur. (At Present
Lodged In Central Jail, Jodhpur)
                                                                       ----Petitioner
                                       Versus
State Of Rajasthan, Through PP
                                                                     ----Respondent


For Petitioner(s)            :    Mr. Ravindra Kumar Acharya
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 The instant application for temporary suspension of sentence

under Section 430 BNSS (Old Section 389 Cr.P.C.) has been filed

by the appellant.

The allegation against the appellant is of offences punishable

under Section 8/18 of NDPS Act.

Learned counsel for the appellant submits that the appellant

has filed the present application for temporary suspension of

sentence on the ground that the mother of the appellant, aged

about 95 years is seriously ill and there is no other responsible

person to take care of the appellant's mother. In these

circumstances, it is prayed that the appellant may be granted

temporary bail for a period of thirty days.

[2025:RJ-JD:11704] (2 of 3) [SOSA-394/2025]

Learned Public Prosecutor has opposed the prayer for

temporary suspension of sentence.

I have heard learned counsel for the appellant as well as

learned Public Prosecutor and perused the material available on

record.

Having regard to overall facts and circumstances of the case,

I deem it just and proper to release the appellant on interim bail

for a period of thirty days.

Accordingly, the application for temporary suspension of

sentence filed under Section 430 BNSS (Section 389 Cr.P.C.) is

allowed and it is ordered that the sentences passed by the learned

Special Judge, (NDPS Act Cases) No.2, Jodhpur, vide judgment

dated 11.07.2024 in Sessions Case No.11/2023 against the

appellant - Heera Lal S/o Kojaram shall remain temporarily

suspended and he shall be released on temporary bail for a period

of thirty days from the date of his actual release, subject to the

condition that he shall deposit a demand draft of Rs.1,00,000/- of

a Nationalized Bank executed in favour of the trial court and also

furnishes a personal bond in a sum of Rs.4,00,000/- with two

sound and solvent sureties in the sum of Rs.2,00,000/- (out of

which one surety will be a close relative of the appellant) each to

the satisfaction of learned trial court for his surrender on

completion of period of interim bail. It is made clear that if the

appellant surrenders within the stipulated period then the demand

draft of Rs.1,00,000/- will be returned to him. In case, the

appellant fails to surrender before the concerned Jail after period

[2025:RJ-JD:11704] (3 of 3) [SOSA-394/2025]

of interim bail, the demand draft so deposited by the appellant

shall be forfeited.

The appellant is directed to surrender before the concerned

Jail authorities on 04.04.2025.

Let this criminal misc. interim suspension of sentence

application be listed on 07.04.2025, on which date, learned Public

Prosecutor shall be required to submit the compliance of the order

whether appellant has surrendered or not.

(MANOJ KUMAR GARG),J 162-mSingh/-

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