Rajasthan High Court - Jodhpur
Surya Prakash vs State Of Rajasthan on 21 May, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 400/2021
Surya Prakash S/o Radhyshyam, Aged About 25 Years, Dhanop
Mata, P.s. Fuliyakallan, District Bhilwara, Rajasthan. (Presently
Lodged Central Jail Bhilwara).
----Appellant
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Appellant(s) : Mr. Mahaveer Singh, on VC
For Respondent(s) : Mr. Vikram Sharma, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
21/05/2021
In the wake of second surge in the COVID-19 cases, the
Court is functioning virtually and abundant caution is being
maintained for the safety of all concerned.
Admit.
Heard learned counsel for the parties and perused the
impugned order.
Counsel for the appellant submits out of total six years'
sentence awarded, the appellant has already undergone more
than 50% of the sentence i.e three years plus.
Counsel for the appellant further submits that due to
extreme COVID condition and the appellant having served more
than half of sentence, the appellant may be released on bail
during pendency of appeal.
Learned Public Prosecutor has opposed the application.
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Having considered all the facts and circumstances of case,
without making any observation on the merits of case, we are
inclined to suspend the sentence of the appellant(s).
Accordingly, S.B. Suspension of Sentence Application
No.912/2021 filed under Sec.389 Cr.P.C. is allowed and it is
ordered that the substantive sentence passed by learned Special
Judge NDPS Act Cases, Bhilwara vide judgment dated 24.03.2021
in Sessions Case No.13/2018 against appellant Surya Prakash
S/o Radhyshyam shall remain suspended till final disposal of the
aforesaid appeal, provided he executes a personal bond in the
sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the
satisfaction of the learned trial Judge for his appearance in this
court on 07.07.2021 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-
appellant was tried and convicted. A copy of this order shall also
be placed in that file for ready reference. Criminal Misc. file shall
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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.
(DR.PUSHPENDRA SINGH BHATI),J.
76-/Jitender/Sanjay/-
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