Shrawan Ram vs State Of Rajasthan
2022 Latest Caselaw 6191 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Vth Suspension Of Sentence Appl.(Appeal) No. 62/2022

In

S.B. Criminal Appeal No.525/2018

Shrawan Ram S/o Gopa Ram, Aged About 50 Years, B/c Bishnoi, R/o Village Anwana, Kherapa Police Station, Dist. Jodhpur (Lodged In Central Jail, Jodhpur).

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


For Petitioner(s)         :     Mr. B. Ray Bishnoi
For Respondent(s)         :     Mr. Shrawan Bishnoi, P.P.

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

27/04/2022

In compliance of order dated 22.04.2022, learned Public

Prosecutor has filed reply to the application for suspension of

sentence and the same has also been supplied to learned counsel

for the appellant.

Heard learned counsel for the appellant as well as learned

Public Prosecutor. Perused the material available on record.

Learned counsel for the appellant stated that infact accused-

petitioner is inside the jail for more than eight years in another

case and on that ground, benefit for bail (SOS No.541/2021) was

(2 of 4) [SOSA-62/2022]

granted to him by co-ordinate Bench of this Court vide order dated

06.01.2022 but due to inadvertence accused-petitioner was not

taken out of the custody at that time and still accused-petitioner is

behind the bars in the present case for the period of four years

and six months as per the reply filed by learned Public Prosecutor.

Learned counsel for the appellant has further submitted that

Hon'ble Apex Court has granted benefit of bail in case of Tapan

Das Vs. Union of India (Petitioner for Special Leave to Appeal

(Crl.) No.5617/2021, decided on 07.10.2021) and found

entitlement for bail on the basis that petitioner has suffered

incarceration for around 4 years and in case of Nadeem Vs. State

of UP, Hon'ble Apex Court has also found entitlement for bail on

the ground that petitioner has suffered incarceration for a period

of 3 years, 9 months and 22 days. It is further submitted that this

Court has also granted benefit of bail (SOS) in case of Bhagwan

Lal Dhakad Vs. State of Rajasthan vide order dated 01.10.2021 on

the basis that appellant is behind the bars since 4 years and 6

months as well as co-ordinate Bench of this Court in case of

Manjeet Singh Vs. State of Rajasthan decided on 07.12.2021 has

also granted benefit of bail looking to the custody period of

accused-petitioner in jail for 4 years and 5 months. With these

submissions, learned counsel for the appellant prays that the

sentences awarded to the accused-appellant may be suspended

during pendency of the appeal.

Per contra, learned Public Prosecutor has vehemently and

fervently opposed the application seeking suspension of the

sentences awarded to the accused-appellant.

(3 of 4) [SOSA-62/2022]

Having regard to the facts and circumstances of the case,

particularly to the fact that in another case, benefit of bail has

already been granted to the present petitioner by co-ordinate

Bench, as mentioned above and while taking into consideration

the ratio of judgment/orders passed by Hon'ble the Apex Court,

this Court as well as co-ordinate Bench of this Court, to the effect,

that in the cases, where custody period is less than five years but

more than four years, therefore, it is undisputed position that the

present accused-petitioner is behind the bars for 4 years and six

months and thus, in total he is behind the bars for eight years and

further hearing of the appeal will take sufficiently long time,

therefore, it appears appropriate that the application seeking

suspension of sentences awarded by the learned Trial Court

concerned deserves to be allowed and the sentences awarded to

the accused deserves to be suspended.

Accordingly, the fifth application for suspension of sentences

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

the sentences passed by the learned Special Judge, NDPS Cases

Jodhpur Metro, vide judgment dated 17.04.2018 in Sessions

Case No. 88/2014 against the applicant-appellant, Shrawan Ram

S/o Gopa Ram, shall remain suspended till final disposal of the

aforesaid appeal and he shall be released on bail, he execute a

personal bond in the sum of Rs.50,000/- with two solvent and

sound sureties of Rs.25,000/- each to the satisfaction of the

learned Trial Judge for his appearance in this Court on

30.05.2022 and whenever ordered to do so till the disposal of

the appeal on the conditions indicated below:-

(4 of 4) [SOSA-62/2022]

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 179-Bharti/-

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