Rajasthan High Court - Jodhpur
Raju @ Khadiya @ Rajendra Kumar vs State Of Rajasthan on 8 July, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 69/2021
Raju @ Khadiya @ Rajendra Kumar S/o Madan Lal, Aged About
48 Years, R/o A-9, Purana Bapu Nagar, Ps Pratap Nagar, Bhilwara
(Raj.). (At Present Lodged In Jail, Bhilwara).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Neeraj Kumar Gurjar
For Respondent(s) : Mr. B.R. Bishnoi, AGC
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
08/07/2021
The instant application for suspension of sentence
under Section 389 CrPC is preferred on behalf of the appellant-
applicant Raju @ Khadiya @ Rajendra Kumar S/o Madan Lal, who
has been convicted for the offence under Section 8/21 (b) of the
NDPS Act and sentenced to undergo rigorous imprisonment of five
years alongwith a fine of Rs.50,000/- vide the judgment dated
18.01.2021 passed by learned Special Judge, NDPS Act Cases,
Bhilwara in Sessions Case No.26/2017.
Heard learned counsel for the appellant and learned
Public Prosecutor and perused the material available on record.
The appellant-applicant was apprehended while being in
possession of 6 gms. and 440 mg. smack on 08.04.2017. He has
been convicted and sentenced as above and is in custody. As per
the antecedent report submitted by the learned Public Prosecutor,
(2 of 3) [SOSA-69/2021]
the appellant has significant criminal history inasmuch 21 cases
have been registered against him till date, but the present one is
the only case involving offence under the NDPS Act. The
recovered smack weighs fractionally more than small quantity
prescribed in the schedule appended to the NDPS Act. Hearing of
the appeal is like to consume time.
In this background and having regard to the facts and
circumstances of the case, this Court is of the opinion that it is a
fit case for suspending the sentences awarded to the accused
appellant during the pendency of the appeal.
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 the learned Special Judge, NDPS Act Cases,
Bhilwara vide judgment dated 18.01.2021 in Sessions Case
No.26/2017 against the appellant-applicant Raju @ Khadiya @
Rajendra Kumar S/o Madan Lal, 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.50,000/-
with two sureties of Rs.25,000/- each to the satisfaction of the
learned trial Judge for his appearance in this court on 06.08.2021
and whenever ordered to do so till the disposal of the appeal on
the conditions indicated below:-
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.
(3 of 3) [SOSA-69/2021]
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
148-Pramod/-
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