Gopa Ram vs State Of Rajasthan
2021 Latest Caselaw 15311 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 197/2019

Gopa Ram S/o Sh. Babu Lal, Aged About 37 Years, B/c Darji , R/ o Aranay , Village Karda , Distt. Jalore At Present Nehru Colony, P.s. Sanchore , Distt. Jalore (Raj) (At Presently Lodged At Central Jail Jodhpur)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent Connected With S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 708/2020 Ashok Kumar S/o Ishra Ram, Aged About 35 Years, B/c Bishnoi, R/o Kanwa Ki Dhani, Karda, District Jalore. (Lodged In District Jail, Sirohi).

                                                                    ----Petitioner
                                     Versus
State, Through Pp
                                                                  ----Respondent


For Petitioner(s)          :     Mr. Pradeep Shah
                                 Mr. ML Bishnoi with Vijay Raj Bishnoi
For Respondent(s)          :     Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

01/10/2021

Heard learned counsel for the appellant-applicants as well as

learned Public Prosecutor, on application for suspension of

sentences.

By the instant application preferred under Section 389

Cr.P.C., applicant-appellants have craved for suspending the

(2 of 4) [SOSA-197/2019]

sentences handed down by learned Special Judge, NDPS Cases

Sirohi (for short, 'learned trial Court'), by its verdict dated

07.05.2013 in Sessions Case No.06/2010. Learned trial Court, by

the aforesaid verdict, convicted the applicant-appellants for

offences under Section 8/15 of the NDPS Act.

Arguing on the application for suspension of sentences, it is

submitted by learned counsel that the accused appellants were

convicted for the offences punishable under Setion 8/15 of the

NDPS Act by the learned Special Judge, Sirohi vide judgment

dated 07.05.2013. The accused appellants are behind the bars

since 6 years and 3 months, they have been convicted for the

period of 10 years and penalty of Rs.1,00,000/- was also imposed.

Learned counsel fruther submits that half of the sentence they

have been undergone and the accused appellants are ready to pay

half of the penalty amount before the learned trial Court. Learned

counsel for the appellants further submits that hearing of the

appeal will take time and there are good chances of success of the

appeal. Therefore, the application for Suspension of Sentence may

kindly be allowed.

Per contra learned Public Prosecutor has fervently and

vehemently opposed the application for suspension of sentences

and stated that 240 kg of poppy husk has been recovered in the

present case, which is the commerical quantity but not

controverted the fact that hearing of the appeal may take time.

Having regard the facts and circumstances of the case and

particularly the fact that the accused appeallants are behind the

bar for more than 6 years, which is half of the sentenced period

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and the accused appellants are also ready to deposit 50% of the

penalty amount, which is Rs.50,500/-,before the learned trial

Court, I feel inclined to accept this application for suspension of

sentence.

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 Special Judge, NDPS Cases, Sirohi,

vide judgment dated 07.05.2013, in Sessions Case No.06/2010

against appellant-applicants (1) Goparam S/o Shri Babulal and (2)

Ashok Kumar S/o Ishra Ram shall remain suspended till final

disposal of the aforesaid appeal and they shall be released on bail,

provided they execute a personal bond in the sum of

Rs.2,00,000/- each with two sound and solvent sureties of

Rs.1,00,000/-each (one surety should be of a close or blood

relative of the accused petitioner) to the satisfaction of the learned

trial Judge for their appearance in this Court on 08.11.2021 and

whenever ordered to do so till disposal of the appeal, on the

conditions indicated below:-

1. That they will appear before the trial Court in the month of January every year till the appeal is decided.

2. That if the applicants change the place of residence, they will give in writing 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

accused-applicants in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

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applicants 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 purposes relating to

pendency and disposal of cases in the trial court. In case the said

accused applicants dont appear before the trial court, the learned

trial Judge shall report the matter to the High Court for

cancellation of bail.

(DEVENDRA KACHHAWAHA),J

268-NS/Hanuman/-

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