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Judgment
Heard learned counsel for the appellants and learned public prosecutor and perused the record.
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.
Accordingly, the bail application filed by the appellants under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the learned Special Judge, NDPS Act Cases, No.2 Chittorgarh vide judgment dated 19.02.2019 in Sessions Case No.206/2014 (10/2010) against the accused-appellants (1) Bhanwarlal S/o Sukha Balai, (2) Om Prakash S/o Jagdish Khandelwal, (3) Kailash S/o Ladu Vaishnav and (4) Suresh S/o Banshilal Sen 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 22.04.2019 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
That they will appear before the trial Court in the month of January of every year till the appeal is decided.
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.
Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.
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 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-appellants does not not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.