Rajasthan High Court - Jodhpur
Rakesh Kumar vs State Of Rajasthan on 14 February, 2022
Bench: Vinod Kumar Bharwani
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No.3/2022
In
S.B. Criminal Appeal (Sb) No. 2/2022
Rakesh Kumar S/o Neta Ram, Aged About 23 Years, R/o Dhume
Ka Mohalla, Jagrava, Police Station City Jagrava, District
Ludhiyana (Punjab) (At Present Lodged At Central Jail, Bikaner)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Jogendra Singh for
Mr. Moti Singh
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
14/02/2022
The instant application for suspension of sentence under
Section 389 CrPC has been preferred on behalf of the appellant-
applicant Rakesh Kumar S/o Neta Ram, who has been convicted
and sentenced for the offence under Section 8/15 of the NDPS Act
vide the judgment dated 23.11.2021 passed by the learned
Special Judge, NDPS Cases (Additional Sessions Judge), Bhadra,
District Hanumangarh in Sessions Case No.21/2016 (23/2014).
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 20 Kgs poppy husk in the year 2014 and after trial,
(2 of 3) [SOSA-3/2022]
he was sentenced to six years rigorous imprisonment and
presently he is 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
(Additional Sessions Judge), Bhadra, vide judgment dated
23.11.2021 in Sessions Case No.21/2016 (23/2014) against the
appellant-applicant Rakesh Kumar S/o Neta Ram 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 14.03.2022 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
(3 of 3) [SOSA-3/2022]
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 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
2-Mamta/-
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