Rajasthan High Court - Jodhpur
Roopa Ram Bishnoi vs Uoi on 20 December, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 895/2020
In
S.B. Criminal Appeal No.1111/2020
Roopa Ram Bishnoi S/o Shri Jugta Ram Bishnoi, Aged About 38
Years, By Caste Bishnoi, R/o Village Finch, Tehsil Luni, Distt
Jodhpur, Present Resident Of House No. 283, Subhash Nagar,
Jodhpur, District Jodhpur Metro. (Lodged In Central Jail
Jodhpur).
----Petitioner
Versus
UoI, Through Customs Department
----Respondent
For Petitioner(s) : Mr. Vinod Kumar Sharma with
Mr. Dilip Sharma, Mr. V.R. Bishnoi
For Respondent(s) : Mr. M.R. Pareek, Spl. P.P for UOI
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
20/12/2021
Heard learned counsel for the accused applicant and learned
Special Public Prosecutor appearing for the Union of India. Perused
the material on record.
By the instant application preferred under Section 389
Cr.P.C., the applicant-appellant has craved for suspending the
sentence handed down by learned Special Judge, NDPS Act Cases,
Jodhpur ('learned trial court'), by its verdict dated 25.11.2020 in
Sessions Case No.50/2007. Learned trial court, by the aforesaid
verdict, convicted the applicant-appellant for the offence under
Section 8/18 of the NDPS Act and sentenced him for ten years R.I.
(2 of 3) [SOSA-895/2020]
and a fine of Rs.1,00,000/-, in default of payment of fine, further
undergo two months additional R.I.
Learned counsel for the accused applicant has stated that
the applicant was convicted for offence punishable under Section
8/18 of the NDPS Act and sentenced for 10 years R.I. with fine of
Rs.1,00,000/-. It is submitted that the accused applicant is behind
the bars for last 2½ years; and during the trial, he was granted
bail by a Coordinate Bench of this Court. Lastly, it is submitted
that hearing of the appeal is likely to take time and therefore, the
application preferred by the accused applicant may be allowed.
Per contra, learned Special Public Prosecutor has opposed
the application seeking suspension of sentence and stated that the
sentence was passed for a period of 10 years and the accused
applicant has only undergone 2½ years of the sentence and
therefore, he is not entitled for suspension of sentence.
Having regard to the facts and the circumstances of the case
and particularly the fact that hearing of the appeal is likely to take
sustantial time; the accused applicant was on bail during trial;
therefore, without expressing any opinion on the merit/demerits of
the case, I deem it proper 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 learned Special Judge, NDPS Act Cases,
Jodhpur vide judgment dated 25.11.2020, in Sessions Case
No.50/2007 (NCV No.779/2014) against appellant-applicant,
Roopa Ram Bishnoi son of Jugta Ram Bishnoi, shall remain
(3 of 3) [SOSA-895/2020]
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 sureties of Rs.50,000/-each to the
satisfaction of the learned trial Judge for his appearance in this
Court on 24.01.2022 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
167-Vij/-
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