Rajasthan High Court - Jodhpur
Nand Lal vs State Of Rajasthan on 17 December, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
....
S.B. Criminal Misc Suspension Of Sentence Application
(Appeal) No. 764/2021
IN
S.B. CRIMINAL APPEAL NO. 1140/2021
Nand Lal S/o Shri Nathu Lal, Aged About 60 Years, Resident of
Village Mandvi, P.S. Dhariyawad, District Pratapgarh (Rajasthan)
(Presently Lodged In District Jail, Pratapgarh)
----Petitioner
Versus
State Of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. Shambhoo Singh.
For Respondent(s) : Mr. Shrawan Bishnoi, PP.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
17/12/2021
Heard learned counsel for the applicant-appellant as well as
learned Public Prosecutor on application for suspension of
sentence. Perused the record.
It is submitted by learned counsel for the appellant that, as
per ratio decided by this Court in Net Ram's case, the learned
trial Court has recorded conviction of the appellant under Sections
8/15 and 8/18 of N.D.P.S. Act and sentenced him respectively to
five years' rigorous imprisonment with fine of Rs.50,000/- and two
years' rigorous imprisonment with fine of Rs.20,000/-, in default
(2 of 3) [SOSA-764/2021]
of payment, five months' & two months' additional rigorous
imprisonment. Learned counsel further submits that the
contraband so recovered from the appellants is less than
commercial quantity; during the trial of the case, the applicant
was on bail, therefore, sentences awarded to him may kindly be
suspended.
Learned Public Prosecutor has opposed the application for
suspension of sentence. He also does not wish to file reply to the
application.
Upon consideration of the arguments advanced on behalf of
the appellants and having regard to the facts and circumstances of
the case, more particularly, a vital fact that during trial, appellant
was on bail, this Court is of the opinion that it is a fit case for
suspending the sentences awarded to the accused-appellants.
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 the learned Special Judge, N.D.P.S. Cases,
Pratapgarh vide judgment & order dated 10.11.2021 in Special
Sessions Case No. 43/2017 against the appellant-applicant,
Nandlal S/o Nathulal, 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 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:-
(3 of 3) [SOSA-764/2021]
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 applicant changes the place of
residence, he 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.
The learned trial Court shall keep the record of attendance of
the accused-applicants in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicants 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 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
48-Mohan/-
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