Rajasthan High Court - Jodhpur
Arvind Kumar @ Sukha vs State Of Rajasthan (2025:Rj-Jd:13528) on 11 March, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:13528]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 403/2025
Arvind Kumar @ Sukha S/o Vedprakash Bishnoi, Aged About 42
Years, R/o Chak 01 D Sadhuwali Police Thana Javaharnagar
Sriganganagar. (At Present Lodged In Central Jail,
Sriganganagar)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Jitendra Ojha
For Respondent(s) : Mr. Deepak Choudhary, GA-cum-AAG
Mr. K.S. Kumpawat, AAAG
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
11/03/2025
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:13528] (2 of 3) [SOSA-403/2025]
Accordingly, the application for suspension of sentence filed
under Section 430 (2) 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, Sriganganagar, vide judgment dated
21.02.2025 in Special Sessions Case No.37/2019 against the
appellant-applicant- Arvind Kumar @ Sukha S/o Vedprakash
Bishnoi, 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-
[2025:RJ-JD:13528] (3 of 3) [SOSA-403/2025]
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
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
195-GKaviya/-
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