High Court allowed suspension of sentence imposed on N.D.P.S. conviction pending appeal, requiring the appellant to furnish a personal bond of Rs.1,00,000 with two sureties and adhere to appearance conditions.
Suspension of sentence till final disposal of appeal upon furnishing a personal bond of Rs.1,00,000 with two sureties of Rs.50,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Cri.Misc Suspension Of Sentence Appl(Appeal) No. 631/2021
In
S.B. Criminal Appeal No.929/2021
Hema Ram S/o Shri Laxman Patel (Ajana), Aged About 39 Years, R/o Jhanwar, Police Station Jhanwar, District Jodhpur (Rajasthan) (At Present Central Jail, Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Dhanpat Choudhary For Respondent(s) : Mr. Javed Gauri, P.P.
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
11/01/2023
Heard learned counsel for the applicant-appellant, learned Public Prosecutor and perused the impugned judgment.
By the impugned judgment dated 26.08.2021, learned Special Judge N.D.P.S Cases No.1, Chittorgarh (Raj.) convicted and sentenced applicant-appellant for offence punishable under Section 8/18 of the N.D.P.S. Act.
It is stated at Bar by learned counsel that applicant-appellant is behind the bars near about seven years, therefore, the sentence handed down by the learned trial Court deserves to be suspended during pendency of appeal.
(2 of 3)
[SOSA-631/2021]
Learned Public Prosecutor has opposed the application for suspension of sentence.
Having regard to the facts and circumstances of the case, I feel persuaded to accept this application for suspension of sentence.
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the Special Judge N.D.P.S Cases No.1, Chittorgarh (Raj.), vide judgment dated 26.08.2021, in Sessions Case No.18/2009 (CS Filing No.518/2009) against applicant-appellant, Hema Ram S/o Shri Laxman Patel (Ajana), shall remain suspended till final disposal of the aforesaid appeal provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/-each to the satisfaction of learned trial Judge for appearance in this Court on 13.02.2023 and whenever ordered to do so till disposal of the appeal, on the conditions indicated below:-
The learned trial Court shall keep the record of attendance of accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accusedapplicant was tried and convicted. A copy of this order shall also
(3 of 3) [SOSA-631/2021]
be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purposes relating to pendency and disposal of cases in the trial court. In case the said accused-applicant does not appear before the trial Court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(MADAN GOPAL VYAS),J
136-Bharti/-
2 issues framed by the court
Whether sentence in N.D.P.S. conviction deserves suspension during pendency of appeal.
What conditions for personal bond and sureties should be imposed for suspension of sentence.
1 provisions across 1 enactments
Hema Ram S/o Shri Laxman Patel
State Of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
