Rajasthan High Court - Jodhpur
Sahiram Shriram vs State on 4 August, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 257/2020
IN
S.B. Criminal Appeal No.1749/2019
Sahiram Shriram S/o Prahaladram, Aged About 33 Years, By
Caste Vishnoi, R/o Khariya Bera Pilwa, P.s. Lohawat, District
Jodhpur Rural.
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Hardev Ram Vishnoi
For Respondent(s) : Mr. Abhishek Purohit, Addl. GA
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
04/08/2022
Heard learned counsel for the parties on application seeking
suspension of sentence No. 257/2020.
Counsel for the appellant submits that the appellant has
undergone total sentence of 07 years, 07 months & 04 days as on
27.01.2022, out of total 10 years rigorous imprisonment awarded
to him by learned Special Judge, NDPS Act Cases, Javad, District
Neemuch, M.P., vide judgment dated 05.04.2019 in Sessions Case
No.12/2017 (03/2012) and his sentence is yet to start in Sessions
Case No.43/2016 (47/2012) (CIS No.24/2016) whereby the
learned Special Judge, NDPS Act Cases, ADJ Jaitaran, District Pali
vide his judgment dated 16.11.2019 has awarded total 15 years
rigorous imprisonment to the accused-appellant.
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Counsel for the appellant further submits that there is
likelihood of the appeal being heard at an early date, thus, prayed
to suspend the sentence.
Counsel for the appellant has shown the following judgments
passed by this Court :-
Kamlesh @ Komal Garg Vs. State of Rajasthan;
(S.B. Criminal Misc. Third Suspension of Sentence
Application (Appeal) No.467/2020, decided on
08.01.2021,
Nirmal Singh S/o Jarnel Singh Vs. State of
Rajasthan; (S.B. Criminal Misc. 5th Suspension of
Sentence Application (Appeal) No.816/2019, decided on
25.08.2020,
Pawan @ Shyamlal Sharma Vs. State of
Rajasthan; (S.B. Criminal Misc. Third Suspension of
Sentence Application (Appeal) No.23/2021, decided on
28.01.2021 and,
Champa Ram Vs.State of Rajasthan; (S.B.
Suspension of Sentence Application (Appeal)
No.517/2018, decided on 06.07.2018.
Counsel for the appellant has relied upon the judgment of
Hon'ble Apex Court in the cases of Thana Singh Vs. Central
Bureau of Narcotics reported in (2013) 2 SCC as well as
Mayuresh Nandkumar Purohit Vs. Kaushik Manna & Anr.,
reported in 2018 Cr. L.R. (SC) 251, in which the Hon'ble Court
has released the appellant on completion of custody of 08 years in
NDPS cases.
Learned Special P.P. opposed the application.
Having considered of the totality of facts and circumstances
of the case, I consider it just and proper to suspend the
substantive sentence awarded to the accused appellant.
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Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to appellant/
s - Sahiram Shriram S/o Prahaladram by the learned Special
Judge (NDPS Act Cases), ADJ Jaitaran, District Pali vide judgment
dated 16.11.2019 in Sessions Case No.43/2016 (47/2012) (CIS
No.24/2016) shall remain suspended till final disposal of aforesaid
appeal provided he executes a personal bond for a sum of
Rs.50,000/- alongwith two solvent sureties in the sum of
Rs.25,000/- each to the satisfaction of the learned trial court for
his appearance before this Court on 22.09.2022 and whenever
called upon to do so till the disposal of the appeal on the
conditions inidcated 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(s) 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
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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.
(DR.PUSHPENDRA SINGH BHATI), J.
98-Sanjay/-
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