Rajasthan High Court - Jodhpur
Abdul Abid vs State Of Rajasthan on 24 August, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 356/2021
Abdul Abid S/o Abdul Kadir, Aged About 35 Years, By Caste
Musalman, Resident Of Near Railway Crossing, Modak Station,
Police Station Modak Dist. Kota. (At Present Lodged In Central
Jail, Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 270/2020
Rajulal S/o Sh. Prabhuram, Aged About 32 Years, By Caste
Bairwa, R/o Dhabadeh, Police Thana Mandak, District Kota,
Rajasthan. (At Present Lodged At Central Jail Jodhpur).
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. AS Rathore.
Mr. SR Godara.
For Respondent(s) : Mr. Mohd.Javed,PP a/w Ms. Anita
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
24/08/2021
In wake of second surge in the COVID-19 cases, abundant
caution is being maintained, while hearing the matters in Court,
for the safety of all concerned.
In S.B. Criminal Misc Suspension Of Sentence Application
(Appeal) No. 356/2021:-
List after two weeks, as prayed.
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In S.B. Criminal Misc Suspension Of Sentence Application
(Appeal) No. 270/2020:-
Heard learned counsel for the parties on the application
seeking suspension of sentence.
Counsel for the appellant submits that the appellant has
completed total sentence of eight years, out of the total 15 years
rigorous imprisonment. Counsel for the appellant further submits
that there is likelihood of the appeal being heard at an early date,
thus, prayed to suspend the sentence.
Counsel for the appellant has shown the following judgments
passed by this Court :-
Kamlesh @ Komal Garg Vs. State of
Rajasthan; (S.B. Criminal Misc. Third Suspension of
Sentence Application (Appeal) No.467/2020, decided on
08.01.2021,
Nirmal Singh S/o Jarnel Singh Vs. State of
Rajasthan; (S.B. Criminal Misc. 5th Suspension of
Sentence Application (Appeal) No.816/2019, decided on
25.08.2020,
Pawan @ Shyamlal Sharma Vs. State of
Rajasthan; (S.B. Criminal Misc. Third Suspension of
Sentence Application (Appeal) No.23/2021, decided on
28.01.2021 and,
Champa Ram Vs.State of Rajasthan; (S.B.
Suspension of Sentence Application (Appeal)
No.517/2018, decided on 06.07.2018.
Counsel for the appellant has relied upon the judgment of
Hon'ble Apex Court in the cases of Thana Singh Vs. Central
Bureau of Narcotics reported in (2013) 2 SCC as well as
Mayuresh Nandkumar Purohit Vs. Kaushik Manna & Anr.,
reported in 2018 Cr. L.R. (SC) 251, in which the Hon'ble Court
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has released the appellant on completion of custody of 08 years in
NDPS cases.
Learned P.P. opposed the application.
Having considered the totality of facts and circumstances of
the case, this Court considers it just and proper to suspend the
substantive sentence awarded to the accused applicant-appellant.
Accordingly, S.B. Criminal Misc. Suspension Of Sentence
Application No.270/2020 filed under Sec.389 Cr.P.C. is allowed
and it is ordered that the substantive sentence passed by the trial
court vide judgment dated 06.12.2019 in Sessions Case
No.29/2016 (23/14) (CIS No.26/2016) against applicant-
appellant Rajulal S/o Sh. Prabhuram shall remain suspended
till final disposal of the aforesaid appeal, 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 27.09.2021 and whenever
ordered to do so, till the disposal of the appeal on the conditions
indicated below:-
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 address,
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-appellant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
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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 said
accused-appellant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI),J.
162-163-Jitender/Sphophaliya-
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