Rajasthan High Court - Jodhpur
Yogesh Sharma 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. 763/2021
In
S.B. Criminal Appeal No.1138/2021
Yogesh Sharma S/o Vijendra Sharma, Aged About 40 Years,
Adampur Samlisehar, Police Station Bhorakala, District
Muzafarpur At Present at Jawalapur Dhirvali B.H.I., Haridwar
(Utrakhand).
(At Present Lodged at Central Jail, Udaipur).
----Petitioner
Versus
State of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. R.K. Charan
For Respondent(s) : Mr. Mukhtiyar Khan, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
16/12/2021
This present application for suspension of sentences under
Section 389 CrPC has been preferred on behalf of the appellant-
applicant Yogesh Sharma, who has been convicted and sentenced
of five years R.I. & a Fine of ₹40,000/- & in default of payment of
fine to further undergo six months R.I., by the learned Special
Judge, NDPS Act Cases No.2, Chittorgarh vide judgment dated
16.11.2021 passed in Sessions Case No.190/2014.
Heard learned counsel appearing for the appellant-applicant
and learned Public Prosecutor and perused the material available
on record.
Learned Public Prosecutor does not wish to file reply to the
application filed for suspension of sentence.
(2 of 3) [SOSA-763/2021]
Arguing on the application for suspension of sentences, it is
submitted by learned counsel for the applicant-appellant that as
per the prosecution, alleged contraband poppy-straw weighing 40
kgs. recovered in this case which is below commercial quantity;
appellant has been convicted by learned court below for the
offence under Section 8/15 of the NDPS Act and sentenced him for
five years R.I. and a fine ₹40,000/- & in default of payment of fine
to further undergo six months R.I.; during trial, applicant-
appellant was on bail. Lastly, learned counsel appearing for the
applicant-appellant has submitted that hearing of the appeal is
likely to take time.
Per contra, learned Public Prosecutor opposed the application
for suspension of sentences of the applicant-appellant.
Having regard to the facts and circumstances of the case,
particularly to the facts that recovered quantity of the alleged
contraband is below commercial quantity; during trial, accused
applicant-appellant was on bail and that hearing of the appeal is
likely to take time in near future, therefore, without expressing
any opinion on the merits/demerits of the case, this Court is
inclined to suspend the sentences awarded to the applicant-
appellant.
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 Act Cases No.2, Chittorgarh vide judgment dated
16.11.2021 passed in Sessions Case No.190/2014 against the
appellant-applicant - Yogesh Sharma S/o Vijendra Sharma
shall remain suspend till the final disposal of the aforesaid appeal
and he shall be released on bail subject to the condition that he
(3 of 3) [SOSA-763/2021]
shall furnish a personal bond in the sum of ₹1,00,000/- with two
sound and solvent sureties (out of which one surety shall be a
local/close relative) of ₹50,000/- each 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 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
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
69-Arvind/-
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