Mohan Lal vs Union Of India Through Special Pp- ...
2022 Latest Caselaw 2450 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 661/2020

Mohan Lal S/o Sh. Bhairu Lal, Aged About 27 Years, B/c Meena, R/o Semal Kheri (Pipali Khera) P.s. Arnod District Pratapgarh (Raj.). (At Present Lodged In Central Jail, Udaipur).

----Petitioner Versus Union Of India Through Special Pp- Cbn, Through Special P.p.

Cbn
                                                                 ----Respondent


For Petitioner(s)         :     Mr. ML Bishnoi
For Respondent(s)         :     Mr. NK Rai, special PP for CBI



          HON'BLE MR. JUSTICE MADAN GOPAL VYAS

                                     Order

10/02/2022

Heard learned counsel for the appellants and learned public

prosecutor on application of suspension of sentence.

Learned counsel for the appellant submits that the accused-

appellant has already undergone the sentence for a period of seven

years and 10 months and that the Hon'ble Apex Court has issued the

guidelines in a batch of criminal appeal led by Special Leave to Appeal

(Crl.) No.4633/2021 : Saudan Singh Vs. State of UP in which it has

been held that "We may note that there may be even convicts in

custody in cases other than life sentence cases and in those cases again

the broad parameter of 50 per cent of the actual sentence undergone

can be the basis of bail". Learned counsel for the accused-appellant

relied upon orders dated 8.12.2021 passed in (SB Cr. SoS Application

No.1133/2018 alongwith connected matters) dated 5.2.2022 passed in

(2 of 3) [SOSA-661/2020]

(SB Cr. SoS Application No.35/2020) dated 2.2.2022 passed in (S.B. Cr.

Misc. II SoS Appl. No.696/2021) and dated 14.1.2022 passed in (S.B.

Cr. Misc. II SoS Appl. No.441/2021) by this Court relying upon the

judgment of the Hon'ble Supreme Court in the case of Saudan Singh

(supra). Therefore, learned counsel for the appellant submits that the

sentence awarded to the accused-appellant may be suspended as the

disposal of the appeal will consume time.

Learned Public Prosecutor vehemently opposed the prayer made

by the learned counsel for the accused-appellant.

Upon a consideration of the arguments advanced on behalf of the

appellant and having regard to the facts and circumstances of the case,

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, NDPS Act Cases No.1, Chittorgarh,

vide judgment dated 11.10.2017 in Sessions Case No.41/2014 against

the appellant-applicant Mohan Lal S/o Bhairu Lal 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 10.3.2022

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 of 3) [SOSA-661/2020]

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(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 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.

(MADAN GOPAL VYAS),J 65-CPGoyal/-

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