High Court suspended the sentence of a convicted NDPS accused approved for bail pending appeal, noting prolonged custody and anticipated long hearing duration, placing him on personal bond.
Sentence suspended on bail until appeal conclusion with conditions to appear in trial court annually and report any change of address.
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[2023:RJ-JD:36845]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 950/2023
Veera Ram S/o Bhagchand, Aged About 58 Years, R/o Pur Ps Sanchore Dist. Jalore (At Present Lodged At Central Jail Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
| For Petitioner(s) | : Mr. Bhikaram, Son-in-law of the |
|---|---|
| petitioner | |
| For Respondent(s) | : Mr. S.K. Bhati,P.P. |
HON'BLE MR. JUSTICE FARJAND ALI Order
31/10/2023
(2 of 4)
[2023:RJ-JD:36845]
[SOSA-950/2023]
He places reliance on the judgment of Satender Kumar Antil Vs. Central Bureau of Investigation & Ors. reported in AIR 2022 SC 3386 wherein it was held vide order dated 15.11.2021 that looking to the prolonged custody period of the petitioner, bail shall be granted to him in the matter. He further submits that the accused appellant was on bail during trial and did not misuse the liberty so granted to him; hearing of the appeal is likely to take long time, therefore, the application for suspension of sentence may be granted.
[SOSA-950/2023]
[2023:RJ-JD:36845]
(3 of 4)
case for suspending the sentence awarded to the accusedappellant.
(1) That he will appear before the trial Court in the month of January of every year till the appeal is decided.
(2) That if the applicant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.
(3) Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.
(4 of 4) [SOSA-950/2023]
[2023:RJ-JD:36845]
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.
(FARJAND ALI),J
1-divya/-
1 issue framed by the court
Whether the sentence awarded should be suspended pending the disposal of the appeal considering prolonged custody, bail during trial, and likely delay in appeal hearing.
Colour shows how this judgement treated each authority
Satender Kumar Antil Vs. Central Bureau of Investigation & Ors.Relied on¶17
AIR 2022 SC 3386 · Who else cites this
1 provisions across 1 enactments
Veera Ram
State Of Rajasthan
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
