Rajasthan High Court - Jodhpur
Mahesh vs State Of Rajasthan on 5 February, 2022
Bench: Vinod Kumar Bharwani
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 792/2021
In
S.B. Criminal Appeal No.1186/2021
Mahesh S/o Sh. Basantilal, Aged About 45 Years, Bajani, Ps
Rathanjana, Dist. Pratapgarh, Rajasthan. (At Present Lodged In
Dist. Jail, Pratapgarh).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr.Ramesh Purohit, through VC
For Respondent(s) : Mr. Arun PP
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
05/02/2022
The instant application for suspension of sentence under
Section 389 CrPC has been preferred on behalf of the appellant-
applicant Mahesh S/o Sh. Basantilal, who has been convicted and
sentenced for the offence under Section 8/18 of the NDPS Act vide
the judgment dated 23.11.2021 passed by the learned Special
Judge, NDPS Cases, Pratapgarh in Sessions Case No.28/2016.
Heard learned counsel for the parties and perused the
material available on record.
Learned counsel for the applicant-appellant submits that s
per the judgment dated 23.11.2021, the appellant was found in
possession of 2 Kgs opium in the year 2016 and after trial, he was
sentenced to 8 years rigorous imprisonment and presently he is
(2 of 3) [SOSA-792/2021]
in custody. He further submits that the recovered quantity of
contraband is below commercial quantity, thus, provisions of
Section 37 of the NDPS Act are not applicable. Hearing of the
appeal will consume time, therefore, sentence awarded to the
accused-appellant be suspended during pendency of appeal.
In this background and having regard to the entirety of the
facts and circumstances of the case and the fact that recovered
quantity of contraband is below commercial quantity, thus,
provisions of Section 37 of the NDPS Act are not applicable, this
court is of the view that it is a fit case for grant of indulgence of
bail to the appellant-applicant by suspending the sentences
awarded to him by the trial court during the pendency of the
appeal.
Accordingly, the 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,
Pratapgarh vide judgment dated 23.11.2021 in Sessions Case
No.28/2016 against the appellant-applicant Mahesh S/o
Basantilal 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.1,00,000/- with two
sureties of Rs.50,000/- each to the satisfaction of the learned trial
Judge for his appearance in this court on 07.03.2022 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.
(3 of 3) [SOSA-792/2021]
2. That if the applicant 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(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 in a separate file. Such file be
registered as Criminal Misc. Case related to original case in which
the accused-applicant 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 applicant does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(VINOD KUMAR BHARWANI),J
63-Mamta/-
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