Kaniram vs State Of Rajasthan (2025:Rj-Jd:13297)
2025 Latest Caselaw 8605 Raj

Rajasthan High Court - Jodhpur

Kaniram vs State Of Rajasthan (2025:Rj-Jd:13297) on 10 March, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:13297]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                               No. 232/2025

Kaniram S/o Shri Gabbulal, Aged About 48 Years, R/o Bada
Chakki, Setkhedi, Police Station Haat Pipaliya, Dist. Devas M.p.
Presently R/o H.no. 48, Vidur Nagar, Police Station Dwarikapuri,
Dist. Indore, Mp (Presently Lodged In Central Jail, Udaipur)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Shiv Singh
For Respondent(s)         :     Mr. Deepak Choudhary, GA-cum-AAG
                                Mr. K.S. Kumpawat, AAAG



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

10/03/2025

Heard learned counsel for the appellant and learned

Additional Advocate General. Perused the material available on

record.

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 recovered contraband is below

commercial quantity and the appellant was on bail during the trial

and hearing of the appeal is likely to take time, therefore, this

court is of the opinion that it is a fit case for suspending the

sentence awarded to the accused appellant.

Learned Additional Advocate General has opposed the prayer

made by the counsel for the appellant.

[2025:RJ-JD:13297] (2 of 3) [SOSA-232/2025]

Accordingly, the application for suspension of sentence filed

under Section 430 B.N.S.S. (389 of Cr.P.C.) is allowed and it is

ordered that the sentence passed by learned Special Judge,

N.D.P.S. Act Cases, Pratapgarh, vide judgment dated 28.01.2025

in Special Sessions Case No.29/2016 against the appellant-

applicant- Kaniram S/o Shri Gabbulal, shall remain suspended till

final disposal of the aforesaid appeal and he shall be released on

bail, provided he 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 appearance in this

court on 24.04.2025 and whenever ordered to do so till the

disposal of the appeal on the conditions indicated below:-

1. That he 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 will give in writing her 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

[2025:RJ-JD:13297] (3 of 3) [SOSA-232/2025]

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 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 163-GKaviya/-

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