Bhagga Ram vs State
2021 Latest Caselaw 15263 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 683/2020 In S.B. Criminal Appeal No.743/2020

Bhagga Ram S/o Prabhu Ram, Aged About 28 Years, R/o Kaddo Ki Dhani, Setrawa Village, Dechu Police Station, District Jodhpur (Lodged in Central Jail, Jodhpur).

                                                                   ----Petitioner
                                    Versus
State through PP
                                                                 ----Respondent


For Petitioner(s)         :     Mr. B. Ray Bishnoi
For Respondent(s)         :     Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

01/10/2021

This present application for suspension of sentences under

Section 389 CrPC has been preferred on behalf of the appellant-

applicant Bhagga Ram who has been convicted and sentenced vide

judgment dated 17.08.2020 passed by learned Sessions Judge,

Pali in Sessions Case No.116/2016 (17/2020) for the offence

under Section 8/15 of the NDPS Act.

Heard learned counsel for the appellant-applicant, learned

Public Prosecutor and perused the material available on record.

Arguing on the application for suspension of sentences, it is

submitted by learned counsel for the applicant-appellant that

during the statement of PW-15 Ganpat Singh, in his examination-

in-chief itself he stated that, ^^vkfVZdy la[;k 10 Qvk gqvk gS rFkk ftl ij psik yxk gS ftl ij , ls ch esjs] lh ls Mh eqyfte ds] bZ ls ,Q o th ls ,p

(2 of 4) [SOSA-683/2020]

eksrfcjku ds gLrk{kj rFkk ,Dl LFkku ij uewuk lhy gSA vkfVZdy la[;k 12 ij psik yxk gS tks vk/kk Qvk gqvk gS ftl ij , ls ch esjs gLrk{kj gSA mDr cksjk QVk gqvk gSA vkfVZdy la[;k 10 rFkk 12 ds vykok fdlh Hkh cksjs ij psik ugha Fkk rFkk lHkh cksjs QVss gq, gSA ,d VkV dk cksjk QV tkus ds dkj.k cksjs dk eky IykfLVd ds dV~Vs esa Mkyk x;k Fkk ftl ij vkfVZdy la[;k 22 vafdr fd;k x;k gS ftl ij dksbZ psik ugha gSA^^ While submitting copy of the order dated 10.08.2017 passed by the Co-ordinate Bench of this Court in the

case of Kheta Ram Vs. State of Rajasthan (S.B. Suspension of

Sentence(Appeal) No. 778/2017, he stated that in similarly

situated case, benefit of bail has been granted to the accused-

appellant. Learned counsel relied upon the judgments rendered by

this Court in the cases of Shrawan Kumar Vs. State of Rajasthan

(S.B. Criminal Misc. Bail Application (SOS) No.42/2016; Banwari

Vs. State of Rajasthan (S.B. Criminal Appeal No.136/2014);

Ramehswar Lal @ Ramesh Chandra Vs. State of Rajasthan (S.B.

Criminal Appeal No.535/2015); etc.. Learned counsel further

stated that applicant appellant is behind the bars for 6 years and

09 months. Lastly, learned counsel has submitted that final

decision of the appeal is likely to take considerable time, and,

therefore, it would be appropriate to keep applicants-appellants

under further incarceration.

Per contra, learned Public Prosecutor stated that alleged

contraband 409 kgs poppy husk have been recovered from the

applicant-appellant and the same has also been proved by the

prosecution but not controverted this fact that as per custody

certificate which has placed on record, appellant had undergone

sentence of 6 years and 07 months as on 05.07.2021.

In this background and having regard to the overall facts and

circumstances of the case, particularly looking to the statement of

(3 of 4) [SOSA-683/2020]

PW-15 Ganpat Singh as mentioned above, and law laid down by

this Court in abovementioned cases and the fact applicant

appellant is behind the bars for more than 6 years and 07 months,

therefore, this Court is of the opinion that this is a fit case to

enlarge the applicant-appellant on bail by suspending his

sentences during the pendency of the appeal.

Accordingly, the instant application for suspension of

sentences filed under Section 389 Cr.P.C. is allowed and it is

ordered that the sentences passed by learned Sessions Judge, Pali

in Sessions Case No.116/2016 (17/2020) against the appellant-

applicant - Bhagga Ram S/o Prabhu Ram shall remain suspended

till final disposal of the aforesaid appeal and he shall be released

on bail subject to the condition that he shall furnish a personal

bond in the sum of Rs.2,00,000/- with two sound and solvent

sureties of Rs.1,00,000/- each to the satisfaction of the learned

trial Judge for his appearance in this court on 08.11.2021 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 of 4) [SOSA-683/2020]

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.

(DEVENDRA KACHHAWAHA),J

279-Arvind/-

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