The High Court suspended the sentence awarded to the appellant in the NDPS case and released her on bail, directing execution of a personal bond with sureties and appearance before the trial court annually.
Sentence suspended; appellant released on bail conditioned on personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 782/2019
Smt. Ghiso W/o Dara Singh, Aged About 52 Years, B/c Sansi, R/o Salekiyana, P.S. Phillore, District Jalandhar (Punjab). (Presently Lodged Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant : Mr. R.K. Charan For Respondent : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
03/09/2019
Heard learned counsel for the appellant as well as learned Public Prosecutor on the application for suspension of sentence.
Learned counsel for the applicant-appellant submits that the applicant was on bail during trial. He further submits that the sentence of the co-accused Sachin Kumar and Smt. Palvinder has already been suspended by a coordinate bench of this Court vide order dated 23/05/2019 and the case of the present applicant-appellant is not distinguishable from those coaccused whose sentence have already been suspended. He, therefore, prays that the sentence awarded to the applicantappellant may also be suspended.
(2 of 3)
[SOSA-782/2019]
I have considered the arguments advanced at Bar and perused the material on record.
Having considered the totality of the facts and circumstances of the case, this Court deems it just and proper to suspend the sentences awarded to the accused appellant.
Accordingly, the application for suspension of sentence filed under Section 389 of Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Special Judge, NDPS Act Cases No.2, Chittorgarh vide judgment dated 11/04/2019 in Sessions Case No. 60/2107 (54/2016) against the appellant - Smt. Ghiso W/o Dara Singh shall remain suspended till final disposal of the aforesaid appeal and she shall be released on bail, provided she executes a personal bond in the sum of Rs. 50,000/- with two sureties of Rs. 25,000/- each to the satisfaction of the learned trial Judge for her appearance in this court on 04.10.2019 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
(3 of 3)
[SOSA-782/2019]
The learned trial Court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accusedappellant 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 appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(VINIT KUMAR MATHUR),J
96-SanjayS/-
2 issues framed by the court
Whether suspension of sentence and release on bail be granted to the appellant in the NDPS case.
Whether conditions of personal bond and appearance before trial court be imposed.
1 provisions across 1 enactments
Smt. Ghiso W/o Dara Singh
State Of Rajasthan
VINIT KUMAR MATHUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
