Ramuram vs State Of Rajasthan
2021 Latest Caselaw 8884 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 278/2020

Ramuram S/o Sh. Maganram, Aged About 29 Years, B/c Jat, R/o Ramsar Lodta Village Panchayat Lodta Achlawata Police Thana Dechu District Jodhpur (Presently Lodged In Central Jail, Udaipur)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Ramesh Purohit For Respondent(s) : Mr. Mukhtiyar Khan, PP.

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

06/04/2021

This bail application has been filed under Section 389 of the

Cr.P.C. for suspension of sentence awarded to the accused-

appellant by the learned Special Judge, N.D.P.S. Cases, Pratapgarh

in Sessions Case No.14/2015 vide judgment dated 12.10.2018 by

which, the Special Judge has convicted and sentenced the

accused-appellant for offence under Sections 8/15, 25 of N.D.P.S.

Act.

Learned counsel for the appellant states that the accused-

appellant is in custody for last more than three years and

according to the recovery memo, two bags of 48 Kgs. of poppy

husk were recovered and from both these bags total 500-500

gms. were taken and only 500gms. of sample was sent for FSL.

Learned counsel has placed reliance upon the judgments rendered

(2 of 3) [SOSA-278/2020]

in the case of Netram Vs. State of Rajasthan reported in 2014(2)

WLN 394 (Raj.) as well as orders passed by this Court in

S.B.Suspension of Sentence (Appeal) Nos.272/2018; Kor Singh @

Sanju & Ors. Vs. State of Rajasthan and S.B. Suspension of

Sentence (Appeal) No.46/2018; Ved Prakash Vs. State of

Rajasthan, in the said cases also the samples were taken from all

the bags and only two samples were sent for FSL and this Court

enlarged the accused-persons on bail.

Learned Public Prosecutor opposed the bail application filed

by the petitioner.

Upon a consideration of the arguments advanced on behalf

of the appellant 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-

appellant.

Accordingly, the bail application filed by the appellant under

Sec.389 Cr.P.C. is allowed and it is ordered that the substantive

sentence passed by the learned Special Judge, N.D.P.S. Cases,

Pratapgarh vide judgment dated 12.10.2018 in Sessions Case

No.14/2015 against the accused-appellant Ramuram S/o Sh.

Maganram shall remain suspended till final disposal of the

aforesaid appeal subject to depositing the fine amount. He shall 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 before

this court on 06.05.2021 and whenever ordered to do so till the

disposal of the appeal on the conditions indicated below:-

(3 of 3) [SOSA-278/2020]

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

2. That if the appellant 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.

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

4. That the appellant shall deposit the fine amount as directed by the trial court.

The learned trial Court shall keep the record of attendance of

the accused-appellant in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

appellant 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-appellant does not 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 173-Ishan/-

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