Mahendra Kumar S/o Sh. Dulichand, vs The State of Rajasthan

Heard learned counsel for the parties and perused the impugned order.

Having considered the facts and circumstances of the case and substantial grounds in the appeal, this Court is of the opinion that there are strong grounds for challenging the judgment of conviction and as hearing of the appeal is likely to take time, this Court is inclined to suspend the sentence awarded to the appellant.

Accordingly, this application for suspension of sentence is allowed and it is directed that the sentence awarded to appellant - Mahendra Kumar S/o Sh. Dulichand by the Special Judge, (NDPS Cases), Sangria, Distt. Hanumangarh by judgment dated 20.2.2017 shall remain suspended till final disposal of the aforesaid appeal provided he executes a personal bond for a sum of Rs.50,000/- along with two solvent sureties in the sum of Rs.25,000/- each to the satisfaction of the learned trial court for his appearance before this Court on 28.4.2017 and whenever called upon to do so till the disposal of the appeal on the

conditions inidcated below:-

(1) That he/she/they will appear before the trial court in the month of January of every year till the appeal is decided.

(2) That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/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(s), they will give in writing their changed address(s) to the trial court.

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