Rajasthan High Court - Jodhpur
Jetharam vs State Of Rajasthan on 2 December, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. II Suspension Of Sentence Application
(Appeal) No. 419/2021
Jetharam S/o Sh. Amraram Ji, Aged About 40 Years, By Caste
Jat, R/o Krishan Nagar, Chadi, Tehsil Phalodi, District Jodhpur.
(At Present Lodged In Central Jail, Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Mahipal Bishnoi
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
02/12/2021
Heard.
Learned counsel for the applicant has submitted that
the trial court has grossly erred in convicting and
sentencing the accused applicant. It is argued that
though the applicant was the registered owner of the
vehicle, which was seized while transporting the narcotic
contraband, but he has produced a sale agreement
(Ex.D/1) exhibited by him in favour of one Anoop Singh,
whereby he has already sold the vehicle before the date
of incident to him. It is also submitted that the trial court
has illegally discarded the Ex.D/1. It is further submitted
that the applicant was on bail during trial and now he is
in custody since last more than two years. It is also
(2 of 4) [SOSA-419/2021]
submitted hearing of the appeal is likely to take time in
near future.
Learned Public Prosecutor has opposed the
application for suspension of sentences.
Heard learned counsel for the parties and perused
the material available on record.
The Hon'ble Supreme Court vide judgment dated
1.12.2021 passed in Ashim @ Asim Kumar Haranath
Bhattacharya @ Asim Harinath Bhattacharya @
Aseem Kumar Bhattacharya Vs. National
Investigation Agency (Criminal Appeal
No.1525/2021) has held as under :-
"13. Deprivation of personal liberty
without ensuring speedy trial is not
consistent with Article 21 of the
Constitution of India. While deprivation of
personal liberty for some period may not be
avoidable, period of deprivation pending
trial/appeal cannot be unduly long. At the
same time, timely delivery of justice is part
of human rights and denial of speedy
justice is a threat to public confidence in the
administration of justice."
Having considered the overall facts and
circumstances of the case and keeping in view the
judgment passed by the Hon'ble Supreme Court in
Ashim's case (supra), without commenting on the
merits of the case, this Court is inclined to suspend the
sentences awarded to the applicant.
(3 of 4) [SOSA-419/2021]
Accordingly, this second application for suspension of
sentences is allowed and it is directed that the sentences
awarded to appellant/s - Jetharam S/o Sh. Amraram Ji
by the Special Judge, NDPS Act Cases, Jaitaran, Distt.
Pali vide judgment dated 16.11.2019 in Sessions Case
No.43/16 (47/12) shall remain suspended till final
disposal of the appeal provided he/she/they execute(s) a
personal bond in the sum of Rs.50,000/- along with two
sound and solvent sureties in the sum of Rs.25,000/-
each to the satisfaction of the trial court for his/her/their
appearance before this Court on 18.1.2022 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
(4 of 4) [SOSA-419/2021]
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.
(VIJAY BISHNOI),J
85-msrathore/-
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