Rajasthan High Court - Jodhpur
Ashok Kumar vs State on 18 October, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 802/2020
In
S.B. Criminal Appeal No. 673/2012
Ashok Kumar S/o Hanuman Singh, Aged About 28 Years, B/c
Bishnoi, R/o Badopal, Police Thana Fatehbad (Hariyana).
(Presently Lodged at Central Jail, Bikaner).
----Petitioner
Versus
State of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. M.L. Bishnoi
For Respondent(s) : Mr. Mukhtiyar Khan, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
18/10/2021
This present application for suspension of sentences under
Section 389 CrPC has been preferred on behalf of the appellant-
applicant Ashok Kumar who has been convicted and sentenced
vide judgment dated 10.01.2012 passed by learned Special Judge,
N.D.P.S. Cases, Hanumangarh in Sessions Case No.4/2005 for the
offences under Sections 8/15 (C), 29 of the NDPS Act.
Heard learned counsel appearing for the appellant-applicant
and 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
samples were taken after mixing of the alleged contraband found
in the 71 bags on one tripal, hence, it is clear cut violation of the
(2 of 3) [SOSA-802/2020]
guidelines issued by this Court rendered in the case of Netram Vs.
State of Rajasthan, reported in 2014(1) Cr.L.R. (Raj.) 163;
accused-appellant has wrongly been convicted by the learned trial
Court. Learned counsel for the petitioner relied upon the judgment
of the Co-ordinate Bench of this Court in the case of Deepak
Kumar Vs. State of Rajasthan vide order dated 08.07.2021 passed
in S.B. Criminal Misc. Suspension of Sentence Application (Appeal)
No.1129/2019. Learned counsel further stated that applicant
appellant is behind the bars since 8 years and 08 months. Lastly,
learned counsel has submitted that final decision of the appeal is
likely to take considerable time, and, therefore, it would not be
appropriate to keep applicant-appellant under further
incarceration.
Per contra, learned Public Prosecutor opposed the arguments
advanced by learned counsel for the appellant and stated that one
another case is registered against the accused-appellant.
In reply, learned counsel for the appellant-applicant stated
that the said case has already been decided and the accused-
appellant has already been acquitted in that case.
In this background and having regard to the overall facts and
circumstances of the case, particularly looking to the fact that
hearing of appeal will take time, 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 Special Judge,
N.D.P.S. Cases, Hanumangarh in Sessions Case No.4/2005 against
(3 of 3) [SOSA-802/2020]
the appellant-applicant - Ashok Kumar S/o Hanuman Singh
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 (out of which one shall be a local
surety) of Rs.1,00,000/- each to the satisfaction of the learned
trial Judge for his appearance in this court on 17.11.2021 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.
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
89-Arvind/-
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