Rajasthan High Court - Jodhpur
Ratan Lal vs State Of Rajasthan on 9 February, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 60/2022
Ratan Lal S/o Nandlal Ahir, Aged About 34 Years, B/c Ahir, R/o
Adana, P.S. Rashmi, District Chittorgarh.
(Presently Lodged At Central Jail, Udaipur).
----Applicant
Versus
State Of Rajasthan
----Respondent
For Applicant(s) : Mr. Kalu Ram Bhati
For Respondent(s) : Mr. Laxman Solanki, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
09/02/2022
This suspension of sentence application has been preferred
on behalf of the applicant-appellant against the judgment dated
30.09.2015 passed by the Special Judge NDPS Cases No.1,
Chittorgarh (hereinafter to be referred as 'the trial court') in
Sessions Case No.22/2010, whereby the applicant-appellant has
been convicted for the offences punishable under Sections 8/15
and 8/18 of NDPS Act and sentenced to undergo 20 years rigorous
imprisonment along with fine.
Learned counsel for the applicant-appellant has submitted
that the applicant-appellant was on bail during the trial, however,
he is in custody since 30.09.2015. It is also submitted that the
applicant-appellant is in jail from last more than six years. It is
further submitted that from the Seizure Memo and the statements
(2 of 4) [SOSA-60/2022]
of the Seizure Officer (PW-33), it is clear that the samples of the
narcotic contraband were not take out separately from each bag.
It is, therefore, submitted that as per the law laid down by this
Court in the case of Netram Vs. State of Rajasthan
reported in 2014(1) Cr.L.R. (Raj.) 163, the applicant-
appellant can not be held guilty for possessing and transporting
narcotic contraband above commercial quantity. It is, therefore,
prayed that the sentence awarded by the trial court may kindly be
suspended till pendency of the appeal as the same will take time.
Learned Public Prosecutor has opposed the prayer of the
applicant-appellant for suspension of his sentence awarded by the
trial court and produced the report dated 05.02.2022 of
Superintendent of Central Jail, Udaipur, wherein it is mentioned
that up to 05.02.2022, the applicant-appellant has served out
sentence of 6 years 9 months and 11 days.
Heard learned counsel for the parties on suspension of
sentence application.
The argument raised by learned counsel for the applicant-
appellant regarding the collection of samples in accordance with
the established procedure, requires consideration.
Having considered the totality of facts and circumstances of
the case and custody period of the applicant-appellant and the
fact that the appeal filed by the applicant-appellant may not be
heard in near future, I consider it just and proper to suspend the
substantive sentence awarded to the accused appellant.
Accordingly, this suspension of sentence application filed under
Sec.389 Cr.P.C. is allowed and it is ordered that the substantive
(3 of 4) [SOSA-60/2022]
sentence passed by the trial court vide judgment dated
30.09.2015 in Sessions Case No.22/2010 against applicant-
appellant - Ratan Lal S/o Nandlal Ahir 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 08.03.2022 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.
2. That if the applicant-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.
The learned trial Court shall keep the record of attendance of
the accused applicant-appellant in a separate file. Such file be
registered as Criminal Misc. Case related to original case in which
the accused applicant-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 applicant-appellant does not
(4 of 4) [SOSA-60/2022]
appear before the trial court, the learned trial Judge shall report
the matter to the High Court for cancellation of bail.
(VIJAY BISHNOI),J
Abhishek Kumar
S.No.108
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