Allowed

Kishan @ Baggu @ Krishna Son of Radheyshyam Tiwari v. State of Rajasthan

Rajasthan HC27 May 2024SOSA/415/2024

Case brief

AI extract

What is this about?

This High Court of Rajasthan allowed an application for suspension of sentence under Section 389 Cr.P.C. allowing the accused to appear at trial court while the appeal is pending.

What did the court decide?

Application for suspension of sentence under Section 389 Cr.P.C. allowed. Appellant released on bail subject to furnishing bond and appearing before trial court.

Kishan @ Baggu @ Krishna Son of Radheyshyam Tiwari Vs… — Narcotics (NDPS) | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. Suspension of Sentence Application No.415/2024

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S.B. Criminal Appeal (SB) No. 498/2024

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Kishan @ Baggu @ Krishna Son Of Radheyshyam Tiwari, Resident Of Kan No.1-17, Indra Verma Colony, Police Station Shastri Nagar, Jaipur (Presently Appellant Is Confined In The Central Jail Jaipur)

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----Appellant

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Versus

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State Of Rajasthan, Through Public Prosecutor

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----Respondent

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For Appellant(s) : Ms. Sunita Pareek For Respondent(s) : Mr. Imran Khan, PP

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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27/05/2024

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Counsel for the appellant submits that maximum sentence awarded to the appellant is two years, out of which, he has already undergone one year and 10 months. Counsel submits that hearing & disposal of the appeal is bound to take time, so the sentence of the appellant be suspended till disposal of the appeal.

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Per contra, learned Public Prosecutor has opposed the suspension of sentence application.

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Heard learned counsel for the appellant and learned Public Prosecutor and perused the material available on record.

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[CRLAS-498/2024]

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(2 of 3)

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Considering the arguments put forward by the counsel for the appellant and looking to the fact that out of total sentence of two years, the appellant has already undergone sentence of one year and 10 months and looking to the fact that hearing and disposal of the appeal is likely to take time, therefore, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-appellant. 5. Accordingly, the application for suspension of sentence filed by the applicant under Section 389 Cr.P.C. is allowed and the sentence awarded by the Court of Special Judge, Narcotic Drugs and Psychotropic Substances Cases, Jaipur Metropolitan-I vide judgment dated 11.12.2023 in Sessions Case (N.D.P.S. Case) No.109/2022 against the appellant Kishan @ Baggu @ Krishna Son Of Radheyshyam Tiwari shall remain suspended till final disposal of the aforesaid appeal, subject to the condition that the appellant shall deposit the fine amount, as imposed by the Trial Court and he shall be released on bail provided he executes 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 Court for appearance before this Court on 26.06.2024 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-

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That he shall 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 and mobile number, he will give in writing his changed address and mobile number to the trial Court as well as to the counsel in the High Court.

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[CRLAS-498/2024]

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(3 of 3)

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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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Appellant shall deposit a 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-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-appellant 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-appellant 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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(ANOOP KUMAR DHAND),J

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KuD/45

Kishan @ Baggu @ Krishna Son of Radheyshyam Tiwari v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kishan @ Baggu @ Krishna Son of Radheyshyam Tiwari v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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