Rajasthan High Court - Jodhpur
Babu Lal @ Babu vs State on 24 August, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Third Suspension Of Sentence Application
(Appeal) No. 793/2019
IN
S.B. Criminal Appeal No.913/2015
Babu Lal @ Babu S/o Sh. Kalu Banjara, Aged About 40 Years, R/
o Jeeva Nayak Ka Kheda, Thana Gangrar, Dist. Chittorgarh.
(Presently Lodged At Central Jail, Udaipur)
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. ML Bishnoi
For Respondent(s) : Mr. Mohd. Javed, PP
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.
Heard learned counsel for the parties on the application
seeking suspension of sentence.
Counsel for the appellant submits that the appellant has
undergone total sentence of 06 years, 00 months & 06 days as on
26.08.2019, out of the total 15 years rigorous imprisonment, thus,
has completed more than eight years in custody as on today.
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.
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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
has released the appellant on completion of custody of 08 years in
NDPS cases.
Learned Special P.P. opposed the application.
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Having considered of the totality of facts and circumstances
of the case, I consider it just and proper to suspend the
substantive sentence awarded to the accused appellant.
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to appellant/
s - Babu Lal @ Babu S/o Sh. Kalu Banjara by the learned
Special Judge, NDPS Act Cases, Court No.01, Chittorgarh vide
judgment dated 20.08.2015 in Sessions Case No.17/1999 shall
remain suspended till final disposal of aforesaid appeal provided
he executes a personal bond for a sum of Rs.1,00,000/- alongwith
two solvent sureties in the sum of Rs.50,000/- each to the
satisfaction of the learned trial court for his appearance before this
Court on 27.09.2021 and whenever called upon 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(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
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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.
(DR.PUSHPENDRA SINGH BHATI),J.
157-Sanjay/-
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