Rajasthan High Court - Jodhpur
Dilip Bishnoi vs State on 20 November, 2021
Bench: Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension of Sentence Application
(Appeal) No. 548/2020
Dilip Bishnoi
----Appellant
Versus
State of Rajasthan
----Respondent
Connected With
S. B. Criminal Misc. Suspension of Sentence Application
(Appeal) No. 40/2021
Jagdish S/o Shri Hardas Ram, aged about 45 years, B/c Vishnoi
(Khichad), R/o Haniya, Police Station Osian, District Jodhpur.
(At present lodged in Central Jail, Jodhpur).
----Appellant
Versus
State of Rajasthan
----Respondent
For Appellant(s) : Mr. Ramniwas Bishnoi for appellant in
SOSA No. 548/2020
Mr. Vijay Raj Bishnoi with Mr. J.K.
Haniya for appellant in SOSA
No. 40/2021
For Respondent(s) : Mr. Laxman Solanki, P.P.
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
20/11/2021
S.B. Criminal Misc Suspension of Sentence Application
(Appeal) No. 548/2020
Learned counsel for the appellant seeks adjournment.
The matter is adjourned.
(2 of 4) [SOSA-548/2020]
S. B. Criminal Misc. Suspension of Sentence Application
(Appeal) No. 40/2021
The appellant has been convicted and sentenced as below
vide Judgment dated 05.03.2020 passed by Special Judge,
N.D.P.S. Act Cases (Additional District Judge), Jaitaran, District
Pali in Sessions Case No. 48/2016 (24/2011) (C.I.S.
No. 27/2016) :-
Offence Sentences Fine Fine
Default
sentences
U/s 8/25 of N.D.P.S. 10 years RI Rs.1,00,000/- 6 months
Act.
The appellant has moved this application under Section 389
Cr.P.C. seeking suspension of sentences awarded to him by the
trial court.
Learned Public Prosecutor has not chosen to file reply to the
application for suspension of sentences and proposes to argue the
matter orally.
Heard learned counsel for the appellant and learned Public
Prosecutor and perused the impugned judgment and original
record of the case.
Learned counsel for the appellant submits that the appellant
has been convicted for the offence under Section 8/25 of the
N.D.P.S. Act. He was on anticipatory bail under Section 438 of
Cr.P.C. during trial. Presently, the appellant is in custody for last
one year and eight months. There is bleak possibility of hearing of
the appeal in near future. In the above circumstances, he prays to
allow this application for suspension of sentences.
(3 of 4) [SOSA-548/2020]
On the other hand, learned Public Prosecutor has opposed
the application for suspension of sentences.
Having regard to the facts and circumstances of the case as
well as arguments advanced as also the conviction of the appellant
for the offence under Section 8/25 of N.D.P.S. Act, without
commenting on the merits of the case, this Court is inclined to
accept the application for suspension of sentences and to release
the appellant on bail during the pendency of the appeal.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the Special Judge, N.D.P.S. Act Cases
(Additional District Judge), Jaitaran, District Pali vide Judgment
dated 05.03.2020 in Sessions Case No. . 48/2016 (24/2011)
(C.I.S. No. 27/2016) against the appellant-applicant - Jagdish
S/o Hardas Ram, shall remain suspended till final disposal of the
aforesaid appeal and he shall be released on bail, 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 trial Judge
for his appearance in this Court on 12.01.2022 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 applicant 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(s),
they will give in writing their changed address to
the trial Court.
(4 of 4) [SOSA-548/2020]
The trial Court shall keep the record of attendance of the
accused-applicant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicant 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 applicant does not appear before the trial court, the trial
Judge shall report the matter to the High Court for cancellation of
bail.
(RAMESHWAR VYAS),J
35-Inder/-
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