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2022 DIGILAW 1346 (RAJ)

Jagraj Singh v. State Of Rajasthan

2022-04-28

PUSHPENDRA SINGH BHATI

body2022
JUDGMENT Dr. Pushpendra Singh Bhati, J. - In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned. 2. admit. 3. Issue notice. 4. Learned Public Prosecutor already appearing on behalf of respondent-State. Hence, notice need not be issued. 5. Heard learned counsel for the parties on S.B. Suspension of Sentence (appeal) No.233/2022. 6. Learned counsel for the appellants submits that the contraband in question was below commercial quantity. 7. Learned Public Prosecutor submits that there are no previous criminal antecedents under the NDPS act against the appellants. 8. Having considered the totality of facts and circumstances of the case, this Court deems it just and proper to suspend the substantive sentence awarded to the accused applicant-appellants. accordingly, S.B. Suspension of Sentence (appeal) No. 233/2022 filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the trial court vide judgment dated 24.03.2022 in Sessions Case No.68/2017 (66/2016) against appellants- (1) Jagraj Singh S/o Balvindra Singh, (2) Gursevak Singh S/o Sarjeet Singh and (3) Gurpreet Singh S/o Tahal Singh shall remain suspended till final disposal of the aforesaid appeal, provided each of them executes a personal bond in a sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance in this Court on 27.05.2022 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 changes 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 address, they will give in writing their changed address to the trial Court. 9. The learned trial Court shall keep the record of attendance of the accused-appellants in a separate file. Such file be registered as Criminal misc. Case related to original case in which the accused-appellants were tried and convicted. a copy of this order shall also be placed in that file for ready reference. Criminal Misc. 9. The learned trial Court shall keep the record of attendance of the accused-appellants in a separate file. Such file be registered as Criminal misc. Case related to original case in which the accused-appellants 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 appellants do not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.