Balvantaram vs State Of Rajasthan
2022 Latest Caselaw 14984 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 901/2022 IN S.B. Criminal Appeal No. 1534/2022 Balvantaram S/o Suraram Ji, Aged About 57 Years, R/o Sediya, P.s. Karda, Dist. Jalore. (Presently Lodged In Sub Jail, Jalore).

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


For Petitioner(s)        :     Mr. Mangi Lal Vishnoi
For Respondent(s)        :     Mr. Javed Gauri, PP


             HON'BLE MR. JUSTICE FARJAND ALI

                                    Order
20/12/2022

Heard learned counsel for the accused appellant and learned

Public Prosecutor on the application for suspension of sentence

and perused the judgment impugned dated 29.08.2022 passed by

Special Judge (N.D.P.S. cases) Sanchore, Jalore whereby the

accused appellant has been convicted for the offence punishable

under sections 8/15 and 8/25 of NDPS Act and has been

sentenced with maximum of ten years rigorous imprisonment

along with fine of Rs. 1,00,000/- for each offence.

Learned counsel for the accused-appellant submits that the

trial court has grossly erred in convicting and sentencing the

accused-appellant. Learned counsel for the petitioner vehemently

submitted that the mandatory provisions of NDPS Act have not

been complied with, thus, on this count, the recovery of the

contraband is vitiated. The appellant has spent last 5 years and 02

months in custody and he has served more than half of the

(2 of 3) [SOSA-901/2022]

sentence, if he is not released on bail the very purpose of filing

the appeal would be frustrated. Therefore, learned counsel for the

appellant submits that the sentence awarded to the accused-

appellant may be suspended as the hearing of the appeal may

take long time to conclude.

Learned Public Prosecutor vehemently opposes the prayer

made by learned counsel for the accused-appellant and submits

that the matter pertains to recovery of 150 kilograms of Poppy

Straw and the judgment of conviction passed by learned Court

below does not warrant any interference. As per the custody

certificate submitted by learned Public Prosecutor, the petitioner

has suffered imprisonment for 5 years and 2 months.

This Court is cognizant of the provisions contained in Section

32-A and Section 37 of the NDPS Act but considering the

submissions made by learned counsel for the accused-appellant

regarding non-compliance of statutory procedure and keeping in

mind the fact of subjection of accused to long period of

incarceration pending appeal, this court is of the opinion that it is

a fit case for suspending the sentence awarded to the accused

appellant.

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 the learned Special Judge (N.D.P.S. cases)

Sanchore, Jalore vide judgment dated 29.08.2022 in Sessions

Case No.54/2022 against the appellant-applicant Balvantaram S/o

Suraram Ji shall remain suspended till final disposal of the

aforesaid appeal and he shall be released on bail provided he

executes a personal bond in the sum of Rs.50,000/-with two

(3 of 3) [SOSA-901/2022]

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

Judge for his appearance in this court on 24.01.2023 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 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 does not appear before the trial

court, the learned trial Judge shall report the matter to the High

Court for cancellation of bail.

(FARJAND ALI),J 438-Anshul/-

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