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2019 DIGILAW 561 (RAJ)

Gudda @ Bharat v. State of Rajasthan

2019-02-18

MANOJ KUMAR GARG

body2019
JUDGMENT 1. Heard learned counsel for the appellant and learned public prosecutor on 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 appellant was on bail during the trial, I consider it just and proper to suspend the substantive sentence awarded to the accused appellant. 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, NDPS Cases, Pratapgarh vide judgment dated 11.01.2019 in Sessions Case No. 02/2011 against the accused-appellant Gudda @ Bharat S/o Uda Meena shall remain suspended till final disposal of the aforesaid appeal 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 before this court on 25.03.2019 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. That he will appear before the trial Court in the month of January of every year till the appeal is decided. 2. That if the appellant changes the place of residence, he will give in writing his 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 not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.