Pawan Kumar @ Dinesh vs State Of Rajasthan
2021 Latest Caselaw 15299 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension Of Sentence Application No. 288/2021

In

S.B. Criminal Appeal No. 71/2021

Pawan Kumar @ Dinesh S/o Sh. Dhanna Ram, Aged About 22

Years, R/o Suvadia P.S. Role District Nagur Now Shivnagar Gram

Panchayat Rohina P.S. Badi Khatu District Nagaur.

(At Present Lodged In Central Jail Jodhpur).

----Petitioner Versus State of Rajasthan through P.P.

----Respondent

For Petitioner(s) : Mr. Gaurav Ratnawat Mr. B. Ray Bishnoi Mr. Tanay Jain Mr. Manohar Singh Hada For Respondent(s) : Mr. Gaurav Singh, P.P.

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

01/10/2021

The present suspension of sentence application has been

filed under Section 389 Cr.P.C. on behalf of the

applicant/petitioner, who is in judicial custody in connection with

F.I.R. No. 70/2012 (Sessions Case No. 136/2016(106/2012)),

Police Station Gudha Endla, District Pali, registered for the offence

under Section 8/15 of the NDPS Act.

Heard learned counsel for the appellant and the learned

Public Prosecutor on application for suspension of sentence.

(2 of 3) [SOSA-288/2021]

Learned counsel for the appellant stated that accused-

appellant has been convicted for the period of ten years with

penalty of Rs. 1,00,000/-; accused-appellant is behind the bars for

more than five years which is more than half the period of

conviction; accused-appellant is ready to deposit 50% of penalty

imposed by the learned Trial Court. Learned counsel further stated

that compliance of Section 42 was not made and seizure was

conducted after sunset and before sunrise; despite that, search

memo was not obtained by Seizure Officer, no separate memo was

prepared and no explanation for why search memo was not

obtained. Lastly learned counsel submitted that final decision of

the appeal is likely to take considerable time, and, therefore, it

would be appropriate to keep applicant(s)-appellant under further

incarceration.

Per contra, learned Public Prosecutor has opposed the bail

application and stated that prosecution supported the charges

levelled against the accused-petitioner.

Having regard to the facts and circumstances of the case,

particularly to the fact that accused-appellant is behind the bars

for more than five years of the total period of sentence awarded

and is ready to deposit 50% of the penalty imposed by learned

trial Court and disposal of the appeal will take time, therefore,

without expressing any opinion on the merits of the case, this

Court is of the opinion that it is a fit case for suspending the

sentences awarded to the accused appellant.

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 learned Sessions Judge, Pali vide judgment

dated 07.01.2021 in Sessions Case No. 136/2016(106/12) against

the petitioner-appellant Pawan Kumar @ Dinesh S/o Sh.

Dhanna Ram, shall remain suspended till final disposal of the

(3 of 3) [SOSA-288/2021]

aforesaid appeal and he shall be released on bail, provided he

executes a personal bond in the sum of Rs.2,00,000/- with two

sound and solvent sureties (out of which, one surety shall be of

close family member/blood relative) 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 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 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.

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/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 appellant 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 285-/Akshay/-

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