Rajasthan High Court - Jodhpur
Dayanand @ Durgesh vs State on 28 April, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [SOSA-107/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. 2nd Suspension Of Sentence Application
(Appeal) No. 107/2022
Dayanand @ Durgesh S/o Chhaganlal, Aged About 26 Years, B/c
Bairwa, R/o Bigod P.s. Bigod District Bhilwara (Raj.) (Presently
Lodged At Dist. Jail, Bhilwara)
Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Mangi Lal Vishnoi
For Respondent(s) : Mr. S.K. Bhati, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
28/04/2022
In wake of instant surge in COVID-19 cases and spread of its
highly infectious Omicron variant, abundant caution is being
maintained, while hearing the matters in Court, for the safety of
all concerned.
Heard learned counsel for the parties and perused the
material available on record.
Learned counsel for the appellant has pointed out that the
co-accused Kailash @ Kailash Chandra has been convicted under
Section 8/15 and 8/25 of the NDPS Act and has been awarded ten
years sentence in both the offences though too run concurrently.
Learned counsel further submits that the appellant is also
convicted under Section 8/15 of the NDPS Act in the same FIR and
in the case. Learned counsel also submits that the sentence of co-
accused Kailash @ Kailash Chandra has already been suspended
by this Hon'ble Court vide order dated 11.12.2019 passed in S.B.
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(2 of 3) [SOSA-107/2022]
Criminal Misc. Suspension of Sentence Application (Appeal) No.
69/2019. Learned counsel further submits that the appellant is in
custody since 02.04.2017, and thus, has completed the custody
period of 05 years and 27 days.
Learned Public Prosecutor opposes the suspension of
sentence application.
This Court, after considering the fact that the sentence of co-
accused Kailash @ Kailash Chandra has already been suspended
as well as the custody period of appellant i.e. 05 years and 27
days, is inclined to suspend the sentence awarded to the
appellant.
Accordingly, this suspension of sentence application filed
under Sec.389 Cr.P.C. is allowed and it is ordered that the
substantive sentence passed by learned trial court vide judgment
dated 19.12.2018 in Sessions Case No.60/2017 against appellant-
Dayanand @ Durgesh S/o Chhaganlal shall remain suspended
till final disposal of the aforesaid appeal, provided he executes a
personal bond in the sum of Rs.50,000/- with two sureties of
Rs.25,000/- each to the satisfaction of the learned trial Judge for
his appearance in this Court on 27.05.2022 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 appellant changes the place of
residence, he will give in writing his changed
address to the trial Court as well as to the counsel
in the High Court.
3. Similarly, if the sureties change their address,
they will give in writing their changed address to
the trial Court.
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(3 of 3) [SOSA-107/2022]
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 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.
(DR.PUSHPENDRA SINGH BHATI), J.
121-Zeeshan
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