Allowed

Mansukhlal v. State of Rajasthan

Rajasthan HC24 Jan 2023SOSA/22/2023

Case brief

AI extract

What is this about?

Single judge allowed application to suspend sentence under Section 389 Cr.P.C. in an NDPS case, directing release on bail with conditions including personal bond and appearance requirements.

What did the court decide?

Sentence suspended till final disposal of appeal; released on bail against personal bond of Rs. 1,00,000 with two sureties of Rs. 50,000 each, on conditions of annual appearance and notice of address

Mansukhlal Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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[2023/RJJD/002168]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 22/2023

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Mansukhlal S/o Vishnulal, Aged About 40 Years, R/o Barekhan Ps Chotisadri At Present In Front Of Electric Office Nimbahera Road Choti Sadri Dist. Partapgarh Raj. (Presently Lodged In Dist. Jail Partapgarh)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Ramesh Chandra Purohit For Respondent(s) : Mr. Javed Gauri, PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order

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24/01/2023

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Heard learned counsel for the appellants and learned public prosecutor on application of suspension of sentence.

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Learned counsel for the appellant submits that the accusedappellant is behind the bars since long and the disposal of the present appeal will take time. Therefore, learned counsel for the appellant submits that the sentence awarded to the accused-appellant may be suspended.

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Learned Public Prosecutor vehemently opposed the prayer made by the learned counsel for the accused-appellant.

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Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellant.

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Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences

(2 of 2)

[2023/RJJD/002168]

[SOSA-22/2023]

passed by the learned Special Judge, NDPS Act Cases, Pratapgarh, vide judgment dated 19.12.2022 in Sessions Case No. 23/2016 against the appellant-applicant Mansukhlal S/o Vishnulal 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 24.2.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

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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.

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Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

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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 accusedapplicant(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.

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(MADAN GOPAL VYAS),J

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223-CPGoyal/-

Mansukhlal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mansukhlal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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