Babu Lal vs State
2021 Latest Caselaw 18100 Raj

(1 of 3) [SOSA-798/2020]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Criminal Misc. Suspension of Sentence Application (Appeal) No. 798/2020

Babu Lal S/o Shri Amar Singh, aged about 40 years, By caste Aheer, R/o Kalyanpura, Bahrod Police Station, Alwar, District Alwar.

(Lodged in Central Jail, Ajmer).

                                                                   ----Petitioner
                                    Versus
State of Rajasthan
                                                                 ----Respondent


For Petitioner(s)         :     Mr. B.S. Mertia
For Respondent(s)         :     Mr. Gaurav Singh, P.P.



           HON'BLE MR. JUSTICE RAMESHWAR VYAS

                                     Order

01/12/2021

The petitioner has been convicted and sentenced as below

vide Judgment dated 05.03.2020 passed by Special Judge,

N.D.P.S. Cases (Additional Sessions Judge), Gulabpura, District

Bhilwara in Sessions Case No. 04/2017 :-

Offence             Sentences             Fine                   Fine   Default
                                                                 sentences
u/s 8/15 NDPS 10 years RI                 Rs.1,00,000/-          1 year RI
Act

The petitioner has moved this application under Section 389

Cr.P.C. seeking suspension of sentences awarded to him by the

trial court.

Learned Public Prosecutor has not chosen to file reply to the

application for suspension of sentences and proposes to argue the

matter orally.

(2 of 3) [SOSA-798/2020]

Heard learned counsel for the petitioner and learned Public

Prosecutor and perused impugned judgment and original record of

the case.

Learned counsel for the petitioner submits that as per

prosecution story, on 20.04.2016 total 76.500 kgs. of Poppy Straw

was recovered from the SKODA car. The petitioner has been

convicted for the offence under Section 8/15 of N.D.P.S. Act and

sentenced to 10 years rigorous imprisonment with fine of

Rs. 1,00,000/-. He further submits that the petitioner has already

served the sentence of more than 5 years. He is not a previous

convict. The present appeal is of the year 2020 and the hearing of

the appeal may consume long time. In the above circumstances,

he prays to allow this application for suspension of sentences.

On the other hand, learned Public Prosecutor has opposed

the application for suspension of sentences.

The custody certificate of the petitioner has been produced

by the learned Public Prosecutor, which is taken on record.

Having regard to the rival submissions and after perusal of

the record as also considering the facts and circumstances of the

case more particularly the fact that the petitioner has served

almost 5 years and 7 months in prison, this Court is inclined to

accept the application for suspension of sentences and to release

the petitioner on bail during the pendency of the appeal.

Accordingly, this application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

sentences passed by the Special Judge, N.D.P.S. Cases (Additional

Sessions Judge), Gulabpura, District Bhilwara vide Judgment

dated 05.03.2020 in Sessions Case No. 04/2017 against the

petitioner-applicant - Babu Lal S/o Amar Singh, shall remain

(3 of 3) [SOSA-798/2020]

suspended till final disposal of the aforesaid appeal and he shall be

released on bail, provided he executes a personal bond in the sum

of Rs.50,000/- with two sureties of Rs.25,000/- each to the

satisfaction of the trial Judge for his appearance in this Court on

27.01.2021 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 applicant 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(s), they will give in writing their changed address to the trial Court.

The trial Court shall keep the record of attendance of the

accused-applicant in a separate file. Such file be registered as

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

applicant 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 applicant does not appear before the trial court, the trial

Judge shall report the matter to the High Court for cancellation of

bail.

(RAMESHWAR VYAS),J

55-Inder/-

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