Dinesh @ Diniya @ Lala Ram vs State
2021 Latest Caselaw 9883 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 384/2021

Dinesh @ Diniya @ Lala Ram S/o Sh. Dungaram Ram, Aged About 32 Years, By Caste Jat, R/o Village Bhurtiya, Baitu Police Station, District Barmer. (Presently Lodged In District Jail Barmer).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Vikram Rajpurohit, through VC For Respondent(s) : Mr. B.R. Bishnoi, AGC

HON'BLE MR. JUSTICE SANDEEP MEHTA

Order

29/06/2021

This application for temporary suspension of sentence

has been filed on behalf of the appellant-applicant Dinesh @

Diniya @ Lal Ram S/o Dungar Ram, who has been convicted and

sentenced for the offence under Section 8/15 of the NDPS Act by

the learned Special Judge, NDPS Act cases, Barmer vide judgment

dated 26.09.2020 passed in Sessions Case No.200/2016.

The matter reveals very strange set of circumstances.

The appellant is undergoing imprisonment of 10 years for the

above offence. His regular bail application is pending since

05.10.2019. The matter has been listed on number of dates, but

it appears that no efforts have been made by the counsel for the

appellant to argue the pending application for suspension of

sentences. In the meantime, adopting over-reaching tactics, this

(2 of 2) [SOSA-384/2021]

application for temporary suspension of sentence has been moved

on behalf of the appellant with the following prayer :

"It is, therefore, most humbly and respectfully prayed that the bail application may kindly be allowed and the petitioner may kindly be ordered to be released on interim bail till the pendency of the application for suspension of sentence filed in Criminal Appeal."

Learned Public Prosecutor has placed on record the

criminal antecedent report of the appellant, which indicates that

he has a longstanding criminal history and as many as 16 cases

have been registered against him till date including the present

one. Of these 16 cases, 5 involve offences under the NDPS Act.

Manifestly, since the main application for suspension of sentence

of the appellant is pending before this court, there is no reason to

entertain this totally extraneous application for temporary

suspension of sentence, which is dismissed as being devoid of

merit.

(SANDEEP MEHTA),J

41-Pramod/-

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