Ramniwas vs State
2021 Latest Caselaw 7369 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc 5th Suspension Of Sentence Application (Appeal) No. 527/2020

Ramniwas S/o Sh. Babu Lal, Aged About 39 Years, B/c Vishnoi, R/o Matoda, P.s. Osiyan Dist. Jodhpur Raj. (At Present Lodged In Central Jail, Jodhpur).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Pankaj Awasthi, Adv. For Respondent(s) : Mr. Mool Singh Bhati, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment / Order

16/03/2021

Heard learned counsel for the appellant and learned Public

Prosecutor on fifth application for suspension of sentence.

Counsel for the appellants submits that sentence of the similarly

situated co-accused namely Om Prakash and Jagdish has already been

suspended by this Court and they have been released on bail. Counsel

submits that the case of the present appellant is similar to that of the

co-accused, therefore sentence of the appellant may also be suspended

and he may be released on bail.

Learned Public Prosecutor has opposed the application for

suspension of sentence and prayed for its rejection.

Upon a consideration of the arguments advanced on behalf of the

appellant 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

substantive sentences awarded to the accused appellant.

Accordingly, the fifth application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

(2 of 2) [SOSA-527/2020]

substantive sentences passed by the learned Special Judge, NDPS

Cases, Jodhpur, vide judgment dated 21.05.2016 in Sessions Case

No.62/2006 against the applicant-appellant Ramniwas S/o Shri Babu

Lal, shall remain suspended till final disposal of the aforesaid appeal and

he shall be released on bail subject to deposit the fine amount as

imposed by the learned trial Court, 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 26.04.2021 and whenever ordered to do so till the disposal of

the appeal on the conditions indicated 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 to the trial Court.

4. Appellant shall deposit the fine amount as imposed by the learned 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.

(MANOJ KUMAR GARG),J 147-MS/-

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