HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 541/2021 Shrawan Kumar S/o Gopa Ram, Aged About 48 Years, B/c Bishnoi, R/o Village Anwaran, Kherapa Police Station, Dist. Jodhpur. (Lodged In Central Jail, Jodhpur).
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. B.Ray Bishnoi, through VC For Respondent(s) : Mr. Anees Bhurat, PP HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order 06/01/2022 Heard the learned counsel for the parties on the third application for suspension of sentence.
Counsel for the appellant submits that the appellant is inside the judicial custody and till date he has served more than eight years of sentence, out of total sentence of twelve years rigorous imprisonment. Counsel further submits that hearing of the appeal will taken sufficient long time, therefore the sentence of the appellant may kindly be suspended and he may be released on bail.
Per contra, learned Public Prosecutor concurs the fact that the appellant is inside the jail for more than eight years, however, he submits that looking to the gravity and nature of offence, the sentence of the appellant may not be suspended. (Downloaded on 06/01/2022 at 08:45:08 PM)
(2 of 3) [SOSA-541/2021] 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 fact that the appellant is inside the judicial custody for more than eight years, out of total sentence of twelve years rigorous imprisonment, this Court is of the opinion that it is a fit case for suspending the substantive sentences awarded to the accused appellant.
Accordingly, the third application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentences passed by the learned Special Judge, NDPS Act Cases, Jodhpur vide judgment dated 14.06.2017 in Sessions Case No.100/2013 against the appellant-applicant Shrawan Kumar Vs. Gopa Ram shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail subject to deposit the fine amount as imposed by the learned trial Court, 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 07.02.2022 and whenever ordered to do so till the disposal of the appeal on the conditions indicated 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 to the trial Court.(Downloaded on 06/01/2022 at 08:45:08 PM)
(3 of 3) [SOSA-541/2021]
4. Appellant shall deposit the fine amount as imposed by the learned 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.
(MANOJ KUMAR GARG),J 142-MS/-(Downloaded on 06/01/2022 at 08:45:08 PM)
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