Rajasthan High Court - Jodhpur
Amritlal vs State on 8 December, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 807/2021
in
S.B. Criminal Appeal No. 1207/2021
Amritlal S/o Shri Fakirchand, Aged About 41 Years, R/o Gomana,
PS Chhoti Sadri, District Pratapgarh, Rajasthan.
(At Present Lodged In District Jail, Pratapgarh)
----Appellant
Versus
State of Rajasthan through PP
----Respondent
For Appellant(s) : Mr. Ramesh Purohit
For Respondent(s) : Mr. Laxman Solanki, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
08/12/2021
Heard learned counsel for the appellant-applicant as well as
learned Public Prosecutor, on application for suspension of
sentences.
By the instant application preferred under Section 389
Cr.P.C., applicant-appellant has craved for suspending the
sentences handed down by learned Special Judge, NDPS Cases,
Pratapgarh (for short, 'learned trial Court'), by its verdict dated
29.11.2021 in Sessions Case No.51/2018. Learned trial Court, by
the aforesaid verdict, convicted the applicant-appellant for offence
under Section 8/15 of the NDPS Act.
Admit. Issue notice.
(2 of 3) [CRLAS-1207/2021]
Learned Public Prosecutor is directed to accept notices on
behalf of the respondent (State).
Send for the record.
Arguing on the application for suspension of sentences, it is
submitted by learned counsel that applicant-appellant has falsely
been implicated in this case; applicant-appellant has been handed
down a short sentence of three years' Rigorous Imprisonment;
final decision of the appeal is likely to take considerable time, and,
therefore it would not be appropriate to keep applicant-appellant
under further incarceration.
Per contra learned Public Prosecutor has opposed the
application for suspension of sentences.
Although, as per argument, trial will take sufficiently long
time, I feel inclined to accept this application for suspension of
sentence.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by learned Special Judge, NDPS Cases,
Pratapgarh, vide judgment dated 29.11.2021 in Sessions Case
No.51/2018 against appellant-applicant, Amritlal, shall remain
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.1,00,000/- with two sound and solvent sureties of
Rs.50,000/-each to the satisfaction of the learned trial Judge for
his appearance in this Court on 09.01.2022 and whenever ordered
to do so till disposal of the appeal, on the conditions indicated
(3 of 3) [CRLAS-1207/2021]
below:-
1. That he will appear before the trial Court in the
month of January 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 learned trial Court shall keep the record of attendance of
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 purposes 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
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(DEVENDRA KACHHAWAHA),J
68-Rashi/-
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