Rajasthan High Court - Jodhpur
Kamlesh @ Komal Garg vs State on 8 January, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Third Suspension Of Sentence Application
(Appeal) No. 467/2020
Kamlesh @ Komal Garg S/o Shri Shankar Lal Garg, Aged About
43 Years, By Caste Garg, R/o Kanora, P.s. Rathanjana, District
Pratapgarh. (At Present Lodged In Central Jail, Udaipur).
----Petitioner
Versus
State, Through P.P.
----Respondent
For Petitioner(s) : Mr. M.L. Bishnoi (through VC)
For Respondent(s) : Mr. B.R. Bishnoi, PP
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
08/01/2021
This is third application for suspension of sentences filed on
behalf of the appellant-applicant Kamlesh @ Komal Garg S/o Shri
Shankar Lal Garg, who has been convicted and sentenced by
learned Special Judge, NDPS Cases No.2, Chittorgarh vide
judgment dated 15.10.2016 passed in Sessions Case No.146/2014
(41/2013) as follows:-
Offence Under Imprisonment Fine Sentence in
Section default of fine
8/21 of the 14 years' RI Rs.1,40,000/- 1 year's RI
NDPS Act
Learned Public Prosecutor has chosen not to file reply to the
application for suspension of sentence and proposed to argue the
matter orally.
(2 of 3) [SOSA-467/2020]
Heard learned counsel for the appellant-application, learned
Public Prosecutor and perused the material available on record.
Learned Public Prosecutor has placed on record the
appellant's criminal antecedent report which indicates that no
other case has been registered against the appellant other than
the present one in which he has been convicted and sentenced as
above.
As per the custody certificate placed on record, by now, the
appellant had suffered eight years' imprisonment. After going
through the order-sheets of the appeal, it is apparent that there is
not even a reasonable chance of the appeal being decided in near
future. Thus, this Court is of the opinion that keeping in view the
prolonged custodial period suffered by the appellant, and the
bleak chances of the disposal of the appeal, in any reasonable
period of time, the appellant deserves indulgence of bail during
pendency of appeal.
Accordingly, the instant third 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 Cases No.2, District Chittorgarh vide judgment
dated 15.10.2016 passed in Sessions Case No.146/2014
(41/2013) against the appellant-applicant Kamlesh @ Komal
Garg S/o Shri Shankar Lal Garg 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 sureties of Rs.50,000/- each to the
satisfaction of the learned trial Judge for his appearance in this
court on 11.02.2021 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
(3 of 3) [SOSA-467/2020]
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 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 the 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 purpose
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.
(SANDEEP MEHTA),J
76-Sudhir Asopa/-
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