Aakash vs State Of Rajasthan (2025:Rj-Jd:16119)
2025 Latest Caselaw 9526 Raj

Rajasthan High Court - Jodhpur

Aakash vs State Of Rajasthan (2025:Rj-Jd:16119) on 27 March, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:16119]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                              No. 1369/2024

Aakash, S/o Sumer Singh Prajapat, Aged 22 years, R/o Chara,
P.s. Sadar Bahdadurgarh, District Jhajjar (Haryana) (Presently
Lodged Central Jail, Udaipur)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. RK Charan
For Respondent(s)         :     Mr. Deepak Choudhary, AAG assisted
                                by Mr. KS Kumpawat



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

27/03/2025

Heard learned counsel for the appellant as well as learned

AAG and perused the material available on record.

Counsel for the appellant submits that the appellant is in

custody since 28.01.2018 i.e. more than seven years and there is

no chance of hearing of the appeal in near future. In these

circumstances, it is prayed that the sentence of the appellant may

be suspended and he may be released on bail.

Learned AAG has opposed the application for suspension of

sentence.

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 is in custody for

more than seven years and there is no chance of hearing of the

[2025:RJ-JD:16119] (2 of 3) [SOSA-1369/2024]

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. is allowed and it is ordered that the

sentence passed by the learned Special Judge, NDPS Cases No.2,

Chittorgarh, vide judgment dated 29.11.2021 in Session Case

No.42/2019 (62/2018) against the applicant Aakash, S/o Sumer

Singh Prajapat, 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 12.05.2025 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

[2025:RJ-JD:16119] (3 of 3) [SOSA-1369/2024]

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 151-MS/-

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