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2019 DIGILAW 321 (RAJ)

Khangarram v. State of Rajasthan, Through PP

2019-01-25

MANOJ KUMAR GARG

body2019
JUDGMENT 1. Heard learned counsel for the parties on the application for suspension of sentence. 2. Having considered the totality of facts and circumstances of the case and keeping in view the fact that the appellants were on bail during the trial, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused- petitioner. 3. Accordingly, the bail application filed by the appellant under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the learned Special Judge, N.D.P.S. Cases No. 2, Chittorgarh-camp-Nimbahera vide judgment dated 14.11.2018 in Sessions Case No. 261/2014 (52/2011) against the accused-appellants (1) Khangarram S/o Bhanaram and (2) Narayanlal S/o Bhura Jat shall remain suspended till final disposal of the aforesaid appeal 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 before this court on 26.02.2019 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. That they will appear before the trial Court in the month of January of every year till the appeal is decided. 2. That if the appellants change the place of residence, they will give in writing their changed address to the trial Court as well as to the counsel in the High Court. 3. Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court. 4. 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 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.