Rajasthan High Court - Jodhpur
Radheyshyam @ Raju vs State on 10 December, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 212/2021
In
S.B. Criminal Appeal No.237/2021
Radheyshyam @ Raju S/o Shri Shripal, Aged About 43 Years, R/o
Kodinera, Police Station Arnod, District Pratapgarh.
(At Present lodged in District Jail, Pratapgarh).
----Petitioner
Versus
State through P.P.
----Respondent
For Petitioner(s) : Mr. Ramesh Chandra Purohit
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
10/12/2021
This present application for suspension of sentences under
Section 389 CrPC has been preferred on behalf of the appellant-
applicant - Radheyshyam @ Raju who has been convicted and
sentenced for seven years R.I. with Fine of Rs.70,000/- vide
judgment dated 17.02.2021 passed by learned Special Judge,
NDPS Cases, Pratapgarh in Special Sessions Case No.06/2019 for
the offence under Section 8/15 of the NDPS Act.
Heard learned counsel for the appellant-applicant, learned
Public Prosecutor and perused the material available on record.
Learned Public Prosecutor has supplied the custody
certificate and antecedents of the accused-appellant. As per the
(2 of 4) [SOSA-212/2021]
custody certificate, accused-appellant had undergone sentence of
01 years and 02 months as on 10.09.2021.
Arguing on the application for suspension of sentences, it is
submitted by learned counsel for the applicant-appellant that only
21 kgs alleged contraband i.e. poppy straw has been recovered in
the present case which is below commercial quantity; during trial
applicant - appellant was on bail. Lastly, it is also submitted that
hearing of the appeal is likely to take time in near future. With
these submission, learned counsel appearing for the accused
applicant-appellant prayed that the present suspension of
sentences application may be allowed.
Per contra, learned Public Prosecutor opposed the present
suspension of sentences application filed by the accused-appellant
and stated that earlier, 07 other cases have been registered
against the accused applicant-appellant out of which 04 cases are
registered for the offences punishable under Section 8/15, 29 of
the NDPS Act.
In reply, learned counsel for the applicant-appellant while
submitting copies of the orders passed by the Co-ordinate Bench
of the Court stated that in identical situations, benefit of bail has
already been granted to the accused.
In this background and having regard to the overall facts and
circumstances of the case and orders passed by the Co-ordinate
Bench of this Court, particularly to the fact that recovered alleged
contraband is below commercial quantity; that hearing of the
appeal is likely to take time in near future, therefore, this Court is
of the opinion that this is a fit case to enlarge the applicant-
appellant on bail by suspending his sentences during the pendency
of the appeal.
(3 of 4) [SOSA-212/2021]
Accordingly, the instant application for suspension of
sentences filed under Section 389 Cr.P.C. is allowed and it is
ordered that the sentences passed by learned Special Judge,
NDPS Cases, Pratapgarh in Special Sessions Case No.06/2019
against the appellant-applicant - Radheyshyam @ Raju S/o
Shri Shripal shall remain suspended till final disposal of the
aforesaid appeal and he shall be released on bail subject to the
condition that he shall furnish 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 11.01.2022 and whenever ordered 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 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 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
(4 of 4) [SOSA-212/2021]
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.
(DEVENDRA KACHHAWAHA),J
38-Arvind/-
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