Rajasthan High Court - Jodhpur
Laxmanlal vs State on 3 February, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1122/2020
1. Laxmanlal S/o Hemaji, Aged About 30 Years, B/c Radai
Kheda, P.s. Bhadesar, Dist. Chittorgarh. (Presently Lodged
At Central Jail, Udaipur).
2. Devilal S/o Ekaji, Aged About 23 Years, B/c Radai Kheda,
P.s. Bhadesar, Dist. Chittorgarh. (Presently Lodged At
Central Jail, Udaipur).
----Appellants
Versus
State, Through Pp
----Respondent
For Appellant(s) : Mr. Mangi Lal Vishnoi
For Respondent(s) : Mr. Farzand Ali GA cum AAG a/w Mr.
Sharwan Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
03/02/2021
In wake of onslaught of COVID-19, abundant caution is being
taken while hearing the matters in Court.
Learned counsel for the petitioner has shown the following
judgment passed by this Court :-
Kamlesh @ Komal Garg Vs. State of Rajasthan;
(S.B. Criminal Misc. Third Suspension of Sentence
Application (Appeal) No.467/2020, decided on
08.01.2021,
Nirmal Singh S/o Jarnel Singh Vs. State of
Rajasthan; (S.B. Criminal Misc. 5th Suspension of
Sentence Application (Appeal) No.816/2019, decided on
25.08.2020,
Pawan @ Shyamlal Sharma Vs. State of
Rajasthan; (S.B. Criminal Misc. Third Suspension of
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Sentence Application (Appeal) No.23/2021, decided on
28.01.2021 and,
Champa Ram Vs.State of Rajasthan; (S.B.
Suspension of Sentence Application (Appeal)
No.517/2018, decided on 06.07.2018.
Counsel for the appellants further submits that both the
appellants have undergone 08 years, 07 months and 28 days
sentence, out of the total 15 years' RI. He, therefore, prays that
the sentence awarded to the appellants may be suspended during
pendency of the present appeal.
Counsel for the appellants has relied upon the judgment of
Hon'ble Apex Court in the cases of Thana Singh Vs. Central
Bureau of Narcotics reported in (2013) 2 SCC as well as
Mayuresh Nandkumar Purohit Vs. Kaushik Manna & Anr.,
reported in 2018 Cr. L.R. (SC) 251, in which, the Hon'ble Court
has released the petitioner on completion of custody of 8 years in
NDPS cases.
Learned Public Prosecutor opposed the application.
Heard learned counsel for the parties and perused the
impugned order.
Having considered all the facts and circumstances of case,
without making any observation on the merits of case, this Court
is inclined to suspend the sentence of the appellant(s).
Accordingly, this application for suspension of sentence
No.900/2020 is allowed and it is directed that the sentences
awarded to appellants - (1) Laxmanlal S/o Hemaji and (2)
Devilal S/o Ekaji by the learned Special Judge, NDPS Act Cases,
Sirohi vide judgment dated 10.12.2020 in Criminal Original Case
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No.12/2012 (23/2014) remain suspended till final disposal of
aforesaid appeal and they shall be released on bail subject to the
condition that each of them shall deposit 50% of the fine amount
imposed by the learned trial court, within four weeks, and upon
their furnishing a personal bond in the sum of Rs.1,00,000/- with
two sureties of Rs.50,000/- each to the satisfaction of learned trial
court for their appearance before this Court on 09.03.2021 and
whenever called upon to do so till the disposal of the appeal on
the conditions inidcated 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(s) 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
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court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI),J.
70-Sudheer/-
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