Pawan Kumar vs State Of Rajasthan (2025:Rj-Jd:13491)
2025 Latest Caselaw 8708 Raj

Rajasthan High Court - Jodhpur

Pawan Kumar vs State Of Rajasthan (2025:Rj-Jd:13491) on 11 March, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:13491]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                                No. 48/2025

Pawan Kumar S/o Sant Lal, Aged About 20 Years, R/o Ward No.
01, Rajgarh Dist. Churu (Lodged In Central Jail, Bikaner)
                                                                    ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Vikas Bijarnia
                                Mr. Sunil Fageria
For Respondent(s)         :     Mr. KS Kumpawat, assistant to
                                Mr. Deepak Choudhary, AAG



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

11/03/2025

Heard learned counsel for the appellant as well as learned

AAG and 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 the appellant was on bail

during the trial and there is no chance of hearing of the present

appeal in near future, 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 389 Cr.P.C. (430 of BNSS) is allowed and it is

ordered that the sentence passed by the learned Special Judge,

(NDPS Act Cases), Additional Sessions Judge, Churu, vide

[2025:RJ-JD:13491] (2 of 2) [SOSA-48/2025]

judgment dated 18.12.2024 in Sessions Case No.59/2016 against

the applicant Pawan Kumar S/o Sant Lal, 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.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 28.04.2025 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(s) 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(s), 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(s) in a separate file. Such file be registered

as Criminal Misc. Case related to original case in which the

accused-applicant(s) was/were 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(s) 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 109-MS/-

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