Rajasthan High Court - Jodhpur
Narayanlal vs State on 29 January, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 590/2019
Shiv Lal S/o Nana Jat, Aged About 36 Years, R/o Pal P.S.
Vijaypur, District Chittorgarh.
(Lodged In Dist. Jail, Chittorgarh)
----Appellant
Versus
State of Rajasthan.
----Respondent
Connected With
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 570/2019
Narayanlal S/o Lehru, Aged About 45 Years, B/c Jat, R/o Pal
Thana Vijaypur, Dist Chittorgarh.
(Now Lodged In Central Jail Udaipur)
----Appellant
Versus
State of Rajasthan.
----Respondent
For Petitioner(s) : Mr. Tarun Dhaka
Mr. Mangi Lal Vishnoi
For Respondent(s) : Mr. Shrawan Bishnoi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
29/01/2021
In wake of onslaught of COVID-19, abundant caution is being
taken while hearing the matters in Court.
Heard learned counsel for the parties.
Learned counsel for the appellants submit that the
contraband in question is 8 kgs of opium. They further submit that
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the appellants were granted bail during trial vide order dated
14.10.2008 passed in S.B. Criminal Misc. Bail Application
No.5281/2008 (Narayan & Anr. Vs. State of Rajasthan).
Learned counsel for the appellants have drawn attention of
this Court towards the statement rendered by PW-4 Pradeep
Kumar, who has identified the appellants and deposed that they
pursued the appellants, who were running and could not catch
them but it came to their knowledge that the persons running
were Shiv Lal and Narayanlal belonging to Vijaypur, Pal Gaon.
Counsel for the appellants also submit that appellants were not
caught on the spot.
Learned Public Prosecutor opposes the suspension of
sentence applications.
This Court, looking into the fact that the appellants were on
bail during trial, also this is a case where there is 8 kg of opium,
after carefully seeing the statement of PW-4 and also finding that
the appellants were not caught on the same spot and the
identification may lack confidence for continuance of custody of
the appellants at this stage.
Accordingly, these S.B. Suspension of Sentence Applications
(Appeal) filed under Sec.389 Cr.P.C. are allowed and it is ordered
that the substantive sentence passed by the trial court vide
judgment dated 10.12.2018 in Sessions Case No.267/2014
(55/2007) against appellants (1) Shiv Lal S/o Nana Jat and (2)
Narayanlal S/o Lehru shall remain suspended till final disposal
of the aforesaid appeals, provided each of them execute a
personal bond in the sum of Rs.50,000/- with two sureties of
Rs.25,000/- each to the satisfaction of the learned trial Judge for
their appearance in this court on 01.03.2021 and whenever
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ordered to do so, till the disposal of the appeal on the conditions
indicated below:-
1. That they will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the appellants changes the place of
residence, they 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,
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-appellants in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-appellants 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-appellants do not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI),J.
58-59 Zeeshan
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