Rajasthan High Court - Jodhpur
Bhagirath vs State Of Rajasthan on 18 June, 2021
Bench: Rameshwar Vyas Judge)
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Suspension of Sentence Application (Appeal)
No.250/2021
IN
S.B. Criminal Appeal No. 305/2021
Bhagirath S/o Sh. Kesa Ram, Aged About 45 Years, R/o Village
Devda, P.S. Bagra, Jalore, Rajasthan.
----Appellant
Versus
State of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. M.L. Bishnoi, through VC
For Respondent(s) : Mr. Javed Gouri, PP
HON'BLE MR. JUSTICE RAMESHWAR VYAS (VACATION
JUDGE)
Order
18/06/2021
Heard learned counsel for the parties in S.B. Criminal
Suspension of Sentence Application No.250/2021.
Learned counsel for the appellant submits that appellant was
convicted for the offence punishable under Section 15(b) read with
Section 18 of the NDPS Act, 1985 for possessing 1.500 Kg poppy
straw. Appellant was punished for rigorous imprisonment for 5
years and fine of Rs.10,000/-. During trial he was bailed out; he is
behind the bars since 06.03.2021; appeal may take time to be
decided. The quantity involved in this case is below commercial,
hence, provisions of Section 37 NDPS Act are not applicable.
Learned counsel for the appellant submits that the sentence
(2 of 3) [CRLAS-305/2021]
awarded against the appellant deserves to be suspended under
provisions of Section 389(2) of the CrPC.
Learned Public Prosecutor has opposed the prayer of the
appellant for suspension of sentence. He states that two other
cases under NDPS Act is pending against the petitioner.
Having considered the totality of facts and circumstances of
the case, this Court consider it just and proper to suspend the
sentence awarded to the accused appellant.
Accordingly, S.B. Criminal Suspension of Sentence
Application No.250/2021 filed under Sec.389 Cr.P.C. is allowed and
it is ordered that the sentence passed by the trial court vide
judgment dated 06.03.2021 in Sessions Case No.21/2016 against
appellant Bhagirath S/o Sh. Kesa Ram shall remain suspended till
final disposal of the aforesaid appeal, 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 20.07.2021 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 appellant 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,
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-appellant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
(3 of 3) [CRLAS-305/2021]
appellant 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-appellant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(RAMESHWAR VYAS),VJ
65-AnilKC/-
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