Mayur vs State Of Rajasthan
2021 Latest Caselaw 18827 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 259/2021

Mayur S/o Shri Sher Khan, Aged About 21 Years, Devaldi, Police Station Arnod, District Pratapgarh.

(At Present Lodged In District Jail, Pratapgarh).

----Appellant Versus State of Rajasthan through P.P.

----Respondent

For Appellant(s) : Mr. Ramesh Purohit For Respondent(s) : Mr. Mukhtiyar Khan, PP

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

10/12/2021

Heard.

Admit. Issue notice.

Learned Public Prosecutor puts in appearance on behalf of

the respondent (State), therefore, notices need not to be issued.

Record already received.

Heard learned counsel for the appellant-applicant as well as

learned Public Prosecutor, on application for suspension of

sentences (No.228/2021).

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

24.02.2021 in Special Sessions Case No.21/2017. Learned trial

(2 of 3) [CRLAS-259/2021]

Court, by the aforesaid verdict, convicted the applicant-appellant

for offences under Section 8/21 of the NDPS Act.

Arguing on the application for suspension of sentences, it is

submitted by learned counsel that recovered contraband is below

commercial quantity; during the trial, applicant-appellant has been

enlarged on bail; applicant-appellant has been handed down a

sentence of six 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 of the applicant-appellant

and stated that one another case has been registered against the

applicant-appellant.

In reply, learned counsel appearing on behalf of the

applicant-appellant stated that applicant-appellant has not been

convicted in that case.

Although, as per arguments, recoverd contraband is below

commercial quantity; and trial will take sufficiently long time,

therefore, I feel inclined to accept this application for suspension

of sentence.

Accordingly, the application for suspension of sentence

(No.228/2021) 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 24.02.2021, in

Special Sessions Case No.21/2017 against appellant-applicant,

(3 of 3) [CRLAS-259/2021]

Mayur S/o Shri Sher Khan, 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 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 disposal of the appeal, on the

conditions indicated 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 1-Rashi/-

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