Allowed

Rajkumar @ Sonu v. State of Rajasthan

Rajasthan HC10 May 2024SOSA/508/2024

Case brief

AI extract

What is this about?

Convicted appellant sought suspension of his substantive sentence pending appeal. The court allowed the application under Section 389 CrPC, suspending the sentence subject to deposit of 50% of the fine and execution of a personal bond with two sureties.

What did the court decide?

Sentence suspended till disposal of appeal; release on bail on personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each and deposit of 50% of fine amount

Rajkumar @ Sonu Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JD:21014]

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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. 508/2024

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Rajkumar @ Sonu S/o Shri Bhani Singh, Aged About 28 Years, R/o Ward No.6, Nohar, Tehsil Nohar, District Hanumangarh. (At present lodged in Central Jail, Bikaner)

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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) : Mr. Ram Kumar Bohra For Respondent(s) : Mr. Mukesh Trivedi, PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order

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10/05/2024

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Heard learned counsel for the appellant as well as learned Public Prosecutor.

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Learned counsel for the appellant submits that the accused appellant was on bail during the trial and hearing of the appeal will take sufficient long time, therefore, the sentence of the appellant may kindly be suspended.

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Learned Public Prosecutor vehemently opposed the prayer made by the counsel for the appellant.

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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 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

[2024:RJ-JD:21014]

[SOSA-508/2024]

(2 of 3)

substantive sentences passed by the learned Special Judge (NDPS Cases) (Addl. Sessions Judge No.1) Nohar-Hanumangarh, vide judgment dated 11.03.2024 in Sessions Case No.30/2020 against the appellant-applicant Rajkumar @ Sonu S/o Shri Bhani Singh, shall remain suspended till final disposal of the aforesaid appeal subject to the condition that the appellant shall deposit 50% of the fine amount as imposed by the learned trial Court and he will 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 Judge for his appearance in this court on 02.07.2024 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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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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Appellant shall deposit 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

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(3 of 3) [SOSA-508/2024]

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[2024:RJ-JD:21014]

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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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108-Ishan/-

Rajkumar @ Sonu v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rajkumar @ Sonu 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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