Uttam Rai vs State
2021 Latest Caselaw 11577 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 394/2019

Uttam Rai S/o Abhinandan Rai, Aged About 38 Years, Bhakti Nagar, Ward No 35, New Jalpaigudi , Siligudi (West Bengal) (Lodged In Central Jail Jodhpur)

----Petitioner Versus State, Through Ncb Jodhpur

----Respondent Connected With S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1344/2018 Shyamali Choudhary W/o Shyamal Choudhary, Aged About 37 Years, Bhakti Nagar, Ward No 35, New Jalpaigudi , Siligudi (West Bengal) (Lodged In Central Jail Jodhpur )

----Petitioner Versus State, Through Ncb, Jodhpur

----Respondent S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 395/2019 Anil Sharma S/o Jai Prakash, Aged About 34 Years, By Caste Sharma, Resident Of House No.3, Shyam Nagar, Ganesh Vihar- Ii, Jaipur, District Jaipur Metro. (Lodged In Central Jail Jodhpur )

----Petitioner Versus State, Through Ncb Jodhpur

----Respondent S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 397/2019 Sameer Shah S/o Sunil Shah, Aged About 35 Years, By Caste Muslim, Resident Of Bhakti Nagar, Ward No 35, New Jalpaigudi , Siligudi (West Bengal) (Lodged In Central Jail Jodhpur)

(2 of 7) [SOSA-394/2019]

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Vijay Raj Bishnoi For Respondent(s) : Mr. M.R. Pareek, PP

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

Order

27/07/2021

In wake of second surge in the COVID-19 cases, abundant

caution is being maintained, while hearing the matters in Court,

for the safety of all concerned.

In S.B. Criminal Misc Suspension Of Sentence

Application (Appeal) No. 394/2019, 395/2019 &

397/2019:-

Counsel for the appellants submits that the appellants have

undergone 08 years and 02 months and 20 days sentence, out of

the total 12 years' RI. He, therefore, prays that the sentence

awarded to the appellants may be suspended during pendency of

the present appeal.

Learned counsel for the appellants 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

(3 of 7) [SOSA-394/2019]

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 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.

Learned 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 applications.

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 appellants.

Accordingly, these applications for suspension of sentence

are allowed and it is directed that the sentences awarded to

appellants - (1) Uttam Rai S/o Abhinandan Rai, (2) Anil

Sharma S/o Jai Prakash and (3) Sameer Shah S/o Sunil

Shah by the learned Special Judge, NDPS Act Cases, Jodhpur vide

judgment dated 13.11.2018 in Sessions Case No.91/13 remain

suspended till final disposal of appeal and they shall be released

(4 of 7) [SOSA-394/2019]

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 31.08.2021 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

court, the learned trial Judge shall report the matter to the High

Court for cancellation of bail.

                                             (5 of 7)                      [SOSA-394/2019]



      In    S.B.     Criminal         Misc       Suspension              Of   Sentence

Application (Appeal) No. 1344/2018:-

Learned counsel for the appellant submits that the appellant-

lady has undergone 07 years and 17 days sentence, out of the

total 12 years' RI. He further submits that the appellant was on

bail during trial.

Learned counsel for the appellant has pointed out that it is a

fit case where this Court may exercise the power under the

proviso to Section 437 Cr.P.C., as the present appellant is a lady.

He, therefore, prays that the sentence awarded to the appellant

may be suspended during pendency of the present appeal.

Learned counsel for the appellant 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 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.

Learned counsel for the appellant has relied upon the

judgment of Hon'ble Apex Court in the cases of Thana Singh Vs.

(6 of 7) [SOSA-394/2019]

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.

Accordingly, this application for suspension of sentence is

allowed and it is directed that the sentence awarded to appellant -

Shyamali Choudhary W/o Shyamal Choudhary by the learned

Special Judge, NDPS Act Cases, Jodhpur vide judgment dated

13.11.2018 in Sessions Case No.91/13 remain suspended till final

disposal of appeal and she shall be released on bail subject to the

condition that she shall deposit 50% of the fine amount imposed

by the learned trial court, within four weeks, and upon her

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 her appearance before this Court on 31.08.2021 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.

(7 of 7) [SOSA-394/2019]

(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

court, the learned trial Judge shall report the matter to the High

Court for cancellation of bail.

(DR.PUSHPENDRA SINGH BHATI),J.

75-78-Sudheer/-

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