Rajasthan High Court - Jodhpur
Sunil Kumar vs State Of Rajasthan on 15 December, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 362/2021
In
S.B. Criminal Appeal No.506/2021
Sunil Kumar S/o Kashmirilal, Aged About 23 Years, By Caste Oad
Rajput, R/o Sardulshahar, Tehsil Sardulshahar, District
Sriganganagar, Rajasthan.
(Presently Lodged At Dist. Jail Hanumangarh).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Nishant Motsara
For Respondent(s) : Mr. Gaurav Singh, P.P.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
15/12/2021
Heard learned counsel for the appellant as well as learned
Public Prosecutor on application for suspension of sentence.
By the instant application under Section 389 Cr.P.C.,
applicant-appellant has craved for suspending the sentence
handed down by Additional District & Sessions Judge (N.D.P.S.
Cases) Sangaria, District Hanumangarh (for short, 'learned trial
Court'), by its verdict dated 05.03.2021. Learned trial Court, by
the aforesaid verdict, punished the applicant-appellant under
Sections 8/22, 25 of the NDPS Act and handed down sentence of
10 years' rigorous imprisonment with fine of Rs.1,00,000/-and in
(2 of 3) [SOSA-362/2021]
default of payment of fine to further undergo sentence for two
years' simple imprisonment.
It is submitted by learned counsel for the appellant that
during trial appellant was on bail; final hearing of the appeal is
likely to take considerable time in the matter. In that background
keeping applicant under further incarceration is not desirable,
therefore, his sentence may be suspended.
Learned Public Prosecutor has vehemently opposed the
application for suspension of sentence and stated that accused-
petitioner was driver of the vehicle and contraband was recovered
from the custody of the appellant and after trail appellant was
convicted by learned trial Court.
Having regard to the facts and circumstances of the case and
considering the fact that hearing of the appeal will take time and
during trial, appellant was on bail, 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 Additional District & Sessions Judge (N.D.P.S.
Cases), Sangaria, District Hanumangah vide judgment dated
05.03.2021, in Sessions Case No.07/2016 against appellant-
(3 of 3) [SOSA-362/2021]
applicant, Sunil Kumar S/o Kashmirilal, 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 (one surety shall be of blood/close relative) to the
satisfaction of the learned trial Judge for his appearance in this
Court on 17.01.2022 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
21-Bharti/-
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