Rajasthan High Court - Jodhpur
Shyamu vs State on 13 December, 2021
Bench: Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S. B. Criminal Misc. Suspension of Sentence Application
(Appeal) No. 826/2021
Shyamu S/o Satpal Singh, aged about 28 years, B/c Rajput, R/o
C- 136, Street No. 20, Khajuri Khas, Presently C-1/165, Street
No. 21, Khajuri Khas, Delhi
(Presently lodged at Central Jail, Bikaner)
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Dr. R.D.S.S. Kharlia
For Respondent(s) : Mr. Shrawan Kumar Bishnoi, P.P.
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
13/12/2021
The petitioner has been convicted and sentenced as below
vide Judgment dated 20.01.2017 passed by Additional Sessions
Judge, Bhadra, District Hanumangarh in Sessions Case
No. 20/2016 (14/2014) (C.I.S. No. 20/2016) :-
Offence Sentences Fine Fine Default
sentences
u/s 8/20 of 20 years RI Rs.2,00,000/- 3 years SI
NDPS Act
The petitioner has moved this application under Section 389
Cr.P.C. seeking suspension of sentences awarded to him by the
trial court.
Learned Public Prosecutor has not chosen to file reply to the
application for suspension of sentences and proposes to argue the
matter orally.
(2 of 3) [SOSA-826/2021]
Heard learned counsel for the petitioner and learned Public
Prosecutor and perused impugned judgment and original record of
the case.
Learned counsel for the petitioner submits that the petitioner
has served more than 8 years and 2 months sentence awarded to
him by the trial court. He further submits that no other case
under the N.D.P.S. Act is pending against the petitioner. He is not
a previous convict. He further submits that the appeal is of the
year 2017. The hearing of the appeal is not likely in near future.
In the above circumstances, he prays to allow this application for
suspension of sentences and release the petitioner on bail.
On the other hand, learned Public Prosecutor has opposed
the application for suspension of sentences.
Having regard to the rival submissions and after perusal of
the record as also considering the facts and circumstances of the
case more particularly looking to the period of sentence already
served by the petitioner, this Court is inclined to accept the
application for suspension of sentences and to release the
petitioner on bail during the pendency of the appeal.
Accordingly, this application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the Additional Sessions Judge, Bhadra,
District Hanumangarh vide Judgment dated 20.01.2017 in
Sessions Case No. 20/2016 (14/2014) (C.I.S. No. 20/2016)
against the petitioner - Shyamu S/o Satpal Singh, 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
(3 of 3) [SOSA-826/2021]
satisfaction of the trial Judge for his appearance in this Court on
27.01.2022 and whenever ordered to do so till the disposal of the
appeal on the conditions indicated below:-
1. That he will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the petitioner 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 trial Court shall keep the record of attendance of the
accused-petitioner in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
petitioner 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 purpose relating to
pendency and disposal of cases in the trial court. In case the said
accused petitioner does not appear before the trial court, the trial
Judge shall report the matter to the High Court for cancellation of
bail.
(RAMESHWAR VYAS),J
36-Inder/-
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