Sadhuram vs State Of Rajasthan
2021 Latest Caselaw 19431 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 879/2021 In S.B. Criminal Appeal No.843/2018

Sadhuram S/o Tilakraj Harijan, Aged About 39 Years, R/o Sodinagar, P.S. Ghalkhurd, District Ferojpur (Punjab). (Presently Lodged Central Jail, Udaipur)

----Petitioner Versus State of Rajasthan through PP

----Respondent

For Petitioner(s) : Mr. R.K. Charan For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

20/12/2021

This present application for suspension of sentences under

Section 389 CrPC has been preferred on behalf of the appellant-

applicant Sadhuram, who has been convicted and sentenced

passed by the learned Special Judge, NDPS Act Cases No.2,

Chittorgarh, vide judgment dated 9.7.2018 passed in Sessions

Case No.46/2017(19/2016) for 12 years R.I. & a Fine of

₹1,00,000/- & in default of payment of fine to further undergo one

year R.I.

Heard learned counsel appearing for the appellant-applicant

on the application for suspension of sentences 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-879/2021]

Arguing on the application for suspension of sentences, it is

submitted by learned counsel for the applicant-appellant that as

per order of learned trial Court dated 09.07.2018, in this case,

four persons Jarneil Singh, Sukhvendra Singh, Sadhuram and

Pargat have been convicted and benefit of bail under the

suspension of sentences application have been granted by this

Court to co-accused Pargat, Jarneil Singh and Sukhvendra vide

order dated 08.12.2021. Learned counsel stated that due to

inadvertence, suspension of sentences application could not file at

that time for present applicant-appellant - Sadhuram. Learned

counsel further stated that applicant-appellant is behind the bars

since long and hearing of the appeal is likely to take time. With

these submissions, learned counsel for the applicant-appellant

prayed that the present application for suspension of sentences

may kindly be allowed.

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 benefit of bail in application for

suspension of sentences have already been granted to the co-

accused persons 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 the learned Special Judge,

NDPS Act Cases No.2, Chittorgarh, vide judgment dated 9.7.2018

passed in Sessions Case No.46/2017(19/2016), against the

(3 of 3) [SOSA-879/2021]

appellant-applicant - Sadhuram S/o Tilakraj Harijan shall

remain suspend till the final disposal of the aforesaid appeal and

he shall be released on bail subject to the condition that he shall

furnish a personal bond in the sum of ₹50,000/- with two sound

and solvent sureties (one shall be a local surety) of ₹25,000/-

each to the satisfaction of the learned trial Judge for his

appearance in this Court on 20.01.2022 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 91-Arvind/-

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