Allowed

Mahendra @ Toni v. State of Rajasthan

Rajasthan HC13 Mar 2024SOSA/250/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed a suspension of sentence application. permis the appellant to remain on bail while his appeal against the substantive sentence is pending, subject to specific conditions regarding fine deposit, bond execution, and appearance before trial and appellate courts.

What did the court decide?

Suspension of the substantive sentence awarded in Sessions Case No. 35/2019; grant of bail with deposit of fine and execution of personal bond of Rs. 2,00,000.

Mahendra @ Toni Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JD:11970]

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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. 250/2024

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Mahendra @ Toni S/o Shri Mukundlal Arora, Aged About 50 Years, R/o Ward No. 07, Housing Board, Ps - Purani Abadi, Sri Ganganagar, Rajasthan. (Presently Lodged At Jail Sri Ganganagar)

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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) : Ms. Satpal Kaur (Wife of appellant) For Respondent(s) : Mr. SS Rajpurohit, PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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13/03/2024

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Heard Wife of appellant and learned Public Prosecutor and perused the material available on record.

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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 including the facts that the appellant was on bail during the trial and hearing of the appeal is likely to take time, therefore, this court is of the opinion that it is a fit case for suspending the substantive 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 sentence passed by learned Special Judge (NDPS Act Cases), Sri Ganganagar, vide judgment dated 12.02.2024 in Sessions Case

[2024:RJ-JD:11970]

[SOSA-250/2024]

(2 of 2)

No.35/2019 against the appellant-applicant– Mahendra @ Toni S/o Shri Mukundlal Arora, shall remain suspended till final disposal of the aforesaid appeal subject to the condition that the appellant shall deposit Rs.10,000/- as fine amount as imposed by the learned trial Court and he shall be released on bail, provided he executes a personal bond in the sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 15.04.2024 and whenever ordered to do so till the disposal of the appeal on the

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conditions indicated below:-

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That he 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 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.

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

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Appellant shall deposit Rs.10,000/- as fine amount as imposed by the learned trial court.

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The learned trial Court shall keep the record of attendance of the 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 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 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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(MANOJ KUMAR GARG),J

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166-GKaviya/-

Mahendra @ Toni v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mahendra @ Toni v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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