Rajasthan High Court - Jodhpur
Prakash vs State on 2 December, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. 2nd Suspension Of Sentence Application
(Appeal) No. 567/2020
Prakash S/o Sona Ram, Aged About 30 Years, By Caste Bishnoi,
R/o Dungarpur Police Station Rohat, District Pali. (At Present
Lodged In District Jail, Bhilwara).
----Petitioner
Versus
State, Through P.p.
----Respondent
For Petitioner(s) : Mr. Anand Purohit, Sr. Advocate with
Mr. Kapil Purohit
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 convicted and sentenced the applicant
for 10 years rigorous imprisonment for the offence under
Section 8/15 of the NDPS Act. It is further submitted that
the applicant was arrested on 10.6.2016 and he is in
judicial custody since then. Learned counsel has
submitted that the applicant has already undergone 5
years of sentence out of the total sentence of 10 years. It
is also submitted that hearing of the appeal is likely to
take time in near future.
Learned Public Prosecutor has opposed the
application for suspension of sentences.
(2 of 4) [SOSA-567/2020]
Heard learned counsel for the parties and perused
the material available on record.
It is not in dispute that the applicant has already
undergone around 5 years of sentence out of the total
sentence of 10 years.
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.
Accordingly, this second application for suspension of
sentences is allowed and it is directed that the sentences
(3 of 4) [SOSA-567/2020]
awarded to appellant/s - Prakash S/o Sona Ram by the
Special Judge, NDPS Act Cases, Bhilwara vide judgment
dated 5.7.2019 in Sessions Case No.43/2016 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
original case in which the accused-applicant(s) was/were
tried and convicted. A copy of this order shall also be
(4 of 4) [SOSA-567/2020]
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
80-msrathore/-
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