The High Court of Rajasthan allowed the appellant's application for suspension of sentences and release on bail pending the disposal of the criminal appeal, subject to bond execution and specific attendance conditions.
Sentences suspended; release on bail allowed upon execution of personal bond with sureties and compliance with attendance conditions.
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[2023:RJ-JD:35874]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Appeal (Sb) No. 966/2023
Connected with
S.B. Criminal Misc. Bail (SOS) Application No.636/2023
Smt. Lata D/o Gulab Ji W/o Sonu @ Ansar, Aged About 25 Years, Indra Colony Sagwada At Present B-185 Housing Board Hadmala P.s. Sagvada Dist. Dungarpur. (At Present Lodged In Central Jail, Udaipur).
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Jitendra Ojha. For Respondent(s) : Mr. Vikram Sharma, PP.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
18/10/2023
Admit.
Issue notice. Learned Public Prosecutor accepts notice on behalf of respondent-State.
Heard learned counsel for the petitioner and learned Public Prosecutor on application for suspension of sentences.
Upon a consideration of the arguments advanced on behalf of the petitioner 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 sentences awarded to the accused petitioner.
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Special Judge, NDPS Cases
[CRLAS-966/2023]
[2023:RJ-JD:35874]
(2 of 2)
(Additional Sessions Judge), Sagwara, District Dungarpur vide judgment dated 30.05.2023 in Sessions Case No.01/2019 (CIS No.01/2019) against the petitioner-applicant Smt. Lata D/o Gulab Ji W/o Sonu @ Ansar , shall remain suspended till final disposal of the aforesaid appeal and he 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 20.11.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
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 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.
(KULDEEP MATHUR),J
979-Tikam/-
1 issue framed by the court
Whether the present case is a fit case for suspension of sentences under Section 389 Cr.P.C.
1 provisions across 1 enactments
Smt. Lata D/o Gulab Ji W/o Sonu @ Ansar
State Of Rajasthan
KULDEEP MATHUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
