Rajasthan High Court - Jodhpur
Suresh Chand Meena vs State Of Rajasthan on 16 December, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 743/2021
Suresh Chand Meena S/o Sh. Bhagirath Rawat Meena, Aged
About 40 Years, Aarnoda, P.s. Sadar Nimbhahera, Dist.
Chittorgarh (Raj.).
(Appellant/accused Is Presently Lodged At Dist. Jail,
Chittorgarh).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 762/2021
Shyam Lal S/o Harbhaj Ram Bishnoi (Sau), Aged About 26
Years, Vishnoiyo Ki Dhani, Kud (Khokharia), P.s. Pipar City Dist.
Jodhpur.
(At Present Lodged In Dist. Jail, Chittorgarh).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Bhawani Singh
Mr. Arjun Singh
For Respondent(s) : Mr. Gaurav Singh, P.P.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
16/12/2021
Heard learned counsel for the appellants as well as learned
Public Prosecutor on applications for suspension of sentence.
(2 of 4) [SOSA-743/2021]
By the instant applications under Section 389 Cr.P.C.,
applicant-appellants have craved for suspending the sentence
handed down by Special Judge, NDPS Cases No.2, Chittorgarh (for
short, 'learned trial Court'), by its verdict dated 09.11.2021.
Learned trial Court, by the aforesaid verdict, punished the
applicant-appellant Suresh Chand Meena for offence under Section
8/18 & 8/25 of the NDPS Act and handed down sentence of five
years' rigorous imprisonment with fine of Rs.40,000/-and in
default of payment of fine to further undergo sentence for six
months' rigorous imprisonment. Learned trial Court, by the
aforesaid verdict, punished the applicant-appellant Shyam lal for
offence under Section 8/18 of the NDPS Act and handed down
sentence of five years' rigorous imprisonment with fine of
Rs.40,000/-and in default of payment of fine to further undergo
sentence for six months' rigorous imprisonment.
It is submitted by learned counsel for the appellants that
during trial appellants were on bail; hearing of the appeal will take
long time, therefore, their sentence may be suspended.
Learned Public Prosecutor does not wish to file reply but
vehemently opposed the applications for suspension of sentence
and stated that earlier three cases have been registered against
the accused - Shyam Lal out of which, two cases have been
punishable under Section 8/18 of the NDPS Act.
(3 of 4) [SOSA-743/2021]
Having regard to the facts and circumstances of the case and
particularly the fact that during trial, appellants were on bail;
hearing of the appeal will take long time, I feel inclined to accept
both these applications for suspension of sentences.
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 Special Judge, NDPS Cases No.2,
Chittorgarh, vide judgment dated 09.11.2021, in Sessions Case
No.29/2017 against appellant-applicants, (1) Suresh Chand Meena
S/o Sh. Bhagirath Rawat Meena, (2) Shyam Lal S/o Harbhaj Ram
Bishnoi, shall remain suspended till final disposal of the aforesaid
appeal and they shall be released on bail, provided each of them
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 their 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 they will appear before the trial Court in
the month of January every year till the appeal is
decided.
2. That if the applicants changes the place of
residence, they will give in writing 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.
(4 of 4) [SOSA-743/2021]
The learned trial Court shall keep the record of attendance of
accused-applicants 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 applicants do 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
176-177 Bharti/-
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