Allowed

Sajjan v. State of Rajasthan

Rajasthan HC29 Apr 2024SOSA/80/2024

Case brief

AI extract

What is this about?

The High Court suspended the substantive sentences of two appellants convicted under the NDPS Act, allowing their bail applications under Section 389 Cr.P.C. pending appeal, subject to depositing 50% of the fine and executing personal bonds with sureties.

What did the court decide?

Sentence suspended; appellants released on bail subject to depositing 50% fine and executing personal bonds of Rs. 1,00,000 with two sureties of Rs. 50,000 each.

Sajjan Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

¶1

[2024:RJ-JD:18459]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 80/2024

¶4

Sajjan S/o Niranjanlal Sharma, Aged About 27 Years, R/o Dholiya, Thana Jaswantgarh, Dist. Nagaur. (Presently Lodged At Dist. Jail, Chittorgarh)

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through Pp

¶8

----Respondent

¶9

Connected With

¶10

S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 269/2024

¶11

Rajesh S/o Ram Lal Prajapat, Aged About 27 Years, R/o Padihara, P.s. Ratangarh, District Churu. (Presently Lodged In District Jail, Chittorgarh).

¶12

----Petitioner

¶13

Versus

¶14

State Of Rajasthan, Through Pp

¶15

----Respondent

¶16

For Petitioner(s)	: Mr. Mahipal Bishnoi
	Mr. Rakesh Matoria
For Respondent(s)	: Mr. S.S. Rajpurohit,PP

¶17

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

¶18

Order

¶19

29/04/2024

¶20

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

¶21

Learned counsel for the appellants submits that the appellants were on bail during the trial. Counsel has placed reliance upon the judgments rendered in the cases of Netram Vs.

[2024:RJ-JD:18459]

[SOSA-80/2024]

(2 of 3)

State of Rajasthan reported in 2014(2) WLN 394 (Raj.) and Nagu Singh Vs. State of Rajasthan reported in 2016(3) WLN 310 (Raj.) and upon the order of this Court in SB Cr. Misc. Bail Application No.1603/2018, Ram Lal Vs. State decided on 27.02.2018 . The hearing of the appeals will take sufficiently long time, therefore, the sentence of the appellants may kindly be suspended.

¶26

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

¶27

Upon a consideration of the arguments advanced on behalf of the appellants 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.

¶28

Accordingly, the applications for suspension of sentence filed under Section 389 Cr.P.C. are allowed and it is ordered that the substantive sentences passed by the learned Special Judge, NDPS Cases, No.2, District Chittorgarh vide judgment dated 03.01.2024 in Sessions Case No.51/2019 (02/2017) against the appellantsapplicants (1) Sajjan S/o Niranjanlal Sharma and (2) Rajesh S/o Ram Lal Prajapat, 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 he will be released on bail, provided each of them 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 their appearance in this court on 30.05.2024 and whenever ordered to do so till the disposal of the appeals on the conditions indicated below:-

(3 of 3)

[2024:RJ-JD:18459]

[SOSA-80/2024]

That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

¶33

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.

¶34

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

¶35

Appellants shall deposit the 50% of fine amount as imposed by the learned trial court.

¶36

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.

¶37

(MANOJ KUMAR GARG),J

¶38

248-249-Rashi/-

Sajjan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sajjan 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

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rama Meena Vs State of Rajasthan

Ramrakh Mundel Vs Union of India

Shyam Lal Kamediya Vs Thi Union of India

Yogesh Kumar @ Rinku Vs State of Rajasthan

Seshkaran Vs State of Rajasthan

Moolaram Vs Ravindrasingh