Rajasthan High Court - Jodhpur
Birbal Bishnoi vs Union Of India on 19 March, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc 5th Suspension Of Sentence Application
(Appeal) No. 546/2020
in
S.B.Criminal Appeal No.858/2017
Birbal Bishnoi, S/o Bhakhar Ram, R/o Khokhariya Ki Dhani, Post
Station Pipar City, Tehsil Bhopalgarh, District Jodhpur.
(At Present Central Jail, Jodhpur).
----Petitioner
Versus
Union Of India, Through NCB
----Respondent
For Petitioner(s) : Mr.Ram Niwas Bishnoi, Adv.
For Respondent(s) : Mr.M.R.Pareek, Spl. PP for NCB
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
19/03/2021
Heard learned counsel for the appellant as well as learned
Public Prosecutor and perused the record of the case.
Learned counsel for the appellant submits that the appellant
is in custody for last more than eight years and hearing of the
appeal will further take a sufficient long time. Therefore, it is
prayed that the sentence awarded to the appellant may be
suspended during the pendency of the appeal.
Per contra, learned Special Public Prosecutor appearing for
the respondent-NCB opposed the prayer of the appellant and
submits that according to Section 32-A of the NDPS, the sentence
of the appellant should not be suspended.
(2 of 3) [SOSA-546/2020]
Having considered the arguments advanced before me and
keeping in view the fact that the appellant is in custody for last
more than eight years, I consider it just and proper to suspend
the substantive sentence awarded to the accused appellant.
Accordingly, the fifth bail application filed by the appellant
under Sec.389 Cr.P.C. is allowed and it is ordered that the
substantive sentence passed by the learned Special Judge, NDPS
Act Cases, Jodhpur vide judgment dated 07.04.2017 in Sessions
Case No.75/2013 against the accused-appellant Birbal Bishnoi S/o
Bhakhar Ram shall remain suspended till final disposal of the
aforesaid appeal subject to depositing the fine amount. The
appellant shall be released on bail 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 before 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 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. That similarly, if the sureties change their
addresses, they will give in writing their
changed address to the trial Court.
4. That the appellant shall deposit the fine
amount as directed by 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
(3 of 3) [SOSA-546/2020]
Criminal Misc. Case related to original case in which the accused-
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
accused-appellant does not 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
163-NK/-
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