Citation : 2025 Latest Caselaw 8747 Raj
Judgement Date : 12 March, 2025
[2025:RJ-JD:13713]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1217/2023
1. Lakhveer Singh @ Lakha S/o Shri Resham Singh, Aged About
35 Years, R/o Village Fateshpur Maniyanwala, P.s. Lambhi, Dist.
Muktsar, Punjab.
2. Satpal Singh @ Sata S/o Shri Darshan Singh, Aged About 32
Years, R/o Village Fateshpur Maniyanwala, P.s. Lambhi, Dist.
Muktsar, Punjab.
(Presently lodged at Jail Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. NK Sharma
For Respondent(s) : Mr. KS Kumpawat, assistant to
Mr. Deepak Choudhary, AAG
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
12/03/2025
Heard learned counsel for the appellants as well as learned
AAG and perused the material available on record.
Upon a consideration of the arguments advanced on behalf
of the appellants and having regard to the facts and circumstances
of the case including the facts that the appellants were 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
appellants.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
[2025:RJ-JD:13713] (2 of 3) [SOSA-1217/2023]
sentence passed by the learned Special Judge (NDPS Cases)
(Addl. Sessions Judge No.1), Nohar, District Hanumangarh, vide
judgment dated 24.08.2023 in Sessions (CIS) Case No.54/2016
against the applicants (1) Lakhveer Singh @ Lakha S/o Shri
Resham Singh & (2) Satpal Singh @ Sata S/o Shri Darshan Singh,
shall remain suspended till final disposal of the aforesaid appeal
and they shall be released on bail, provided each of them executes
a personal bond in the sum of Rs.2,00,000/- with two sureties of
Rs.1,00,000/- each (One surety shall be given by the local
resident of Rajasthan State) to the satisfaction of the learned trial
Judge for their 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.
4. One surety shall be given by the local resident of Rajasthan State.
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
[2025:RJ-JD:13713] (3 of 3) [SOSA-1217/2023]
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 108-MS/-
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