Mahender Tarachand And Others vs Jitender And Others

Manoj Kumar Garg, J

Heard.

Admit. Learned Public Prosecutor accepts notice on behalf of respondent- State.

Heard on Application for Suspension of Sentence No.1593/2023.

Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case including the facts that appellant was on bail during the trial and hearing of the appeal is likely to take time, therefore, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused appellant.

Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentence passed by the learned Special Judge, NDPS Cases, Hanumangarh vide judgment dated 01.12.2023 in Sessions Case No.69/2019 against the appellant-applicant – Mahender S/o Shri Mani Ram, shall be suspended till final disposal of the aforesaid appeal subject to the condition that the appellant shall deposit the 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 05.02.2024 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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

That if the applicant 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.

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

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

The learned trial Court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- applicant 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 said accused applicant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.