Allowed

Gaurav @ Gauri v. State of Rajasthan

Rajasthan HC21 Mar 2024SOSA/335/2024

Case brief

AI extract

What is this about?

Three appellants convicted by the NDPS Special Judge sought suspension of sentence pending appeal, arguing they were on bail during trial and the appeal would take long. The court allowed the applications, suspending sentences subject to depositing 50% of the fine and executing personal bonds with sureties.

What did the court decide?

Sentences suspended till disposal of appeals; bail on Rs.1,00,000 bond and two Rs.50,000 sureties after 50% fine deposit.

Gaurav @ Gauri Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JD:13497]

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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. 342/2024

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Abhishek @ Monti S/o Shri Suresh Kumar Arora, Aged About 36 Years, R/o Gali No. 05, Fakirchand Wali Gali Malot, Dist. Muktasar, Presently R/o Ward No. 04, Gali No. 01, Prabhu Chawk, Purani Abadi, Sri Ganganagar, Rajasthan. (Presently Lodged At Jail, Sriganganagar)

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Mandeep Kaur D/o Jogendra Singh W/o Abhishek @ Monti Aged About 35 Years, W/o Abhishek @ Monti, R/o Gali No. 05, Fakirchand Wali Gali Malot, Dist. Muktasar, Presently R/o Ward No. 04, Gali No. 01, Prabhu Chawk, Purani Abadi, Sri Ganganagar, Rajasthan. (Presently Lodged At Jail, Sriganganagar)

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----Petitioners

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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Connected With

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 335/2024

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Gaurav @ Gauri S/o Suresh Kumar Arora, Aged About 30 Years, R/o Gali No 01 Gurunanak Basti School Ke Pass Makan No 900 Main Bazar Abohar District Fazilka Punjab Presently Residing At Ward No 4 Gali No 1 Prabhu Chouk Purani Abadi Sri Ganganagar Rajasthan(Lodged In Central Jail At Sri Ganganagar)

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----Petitioner

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		Versus
State Of Rajasthan,	Thro	ugh Pp ----Respondent
For Petitioner(s)	:	Mr. N.K. Sharma Mr. Durgesh Khatri
For Respondent(s)	:	Ms. Anita Gehlot, PP assisted by Ms. Kamla Goswami

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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21/03/2024

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Heard learned counsel for the parties.

[2024:RJ-JD:13497]

[SOSA-342/2024]

(2 of 3)

Learned counsel for the appellants submits that the accusedappellants were on bail during the trial and hearing of the appeals will take sufficiently long time, therefore, the sentence of the appellants may kindly be suspended.

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Learned Public Prosecutor has opposed the prayer made by the counsel for the appellants.

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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 substantive sentence awarded to the accused appellants.

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Accordingly, the applications for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentences passed by the learned Special Judge, (NDPS Act Cases), Sriganganagar vide judgment dated 01.03.2024 in Sessions Case No.15/2015 against the appellants-applicants, (1) Abhishek @ Monti S/o Shri Suresh Kumar Arora (2) Mandeep Kaur D/o Jogendra Singh W/o Abhishek @ Monti and (3) Gaurav @ Gauri S/o Suresh Kumar Arora shall be suspended till final disposal of the aforesaid appeal subject to the condition that the appellants shall deposit the 50% of the fine amount as imposed by the learned trial Court and they will be released on bail, provided they execute 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 their appearance in this court on 22.04.2024 and whenever ordered to do so till the disposal of the appeals on the conditions indicated below:-

(3 of 3)

[2024:RJ-JD:13497]

[SOSA-342/2024]

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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Appellants shall deposit the 50% of 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(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.

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(MANOJ KUMAR GARG),J

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275-276-Rashi/-

Gaurav @ Gauri v. State of Rajasthan

Case brief

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Gaurav @ Gauri v. State of Rajasthan

Case brief

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