Pappu vs State Of Rajasthan
2022 Latest Caselaw 1270 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 862/2021

Pappu S/o Sh. Bhuwan, Aged About 31 Years, Paduni, P.s. Arnod, Dist. Pratapgarh (Raj.). (At Present Lodged In Dist. Jail, Pratapgarh).

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

----Respondent

For Petitioner(s) : Mr. Manish Kumar Pitaliya, through VC For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

27/01/2022

The instant application for suspension of sentence under

Section 389 CrPC has been preferred on behalf of the appellant-

applicant Pappu S/o Sh. Bhuwan, who has been convicted and

sentenced for the offences under Sections 8/18 of the NDPS Act

and Section 3/25 of the Arms Act vide the judgment dated

10.12.2021 passed by the learned Special Judge, NDPS Cases,

Pratapgrah in Special Sessions Case No.22/2015.

Heard learned counsel for the parties and perused the

material available on record.

As per the prosecution case, the appellant was apprehended

with contraband opium weighing 1 kg 500 gms when the search

was conducted by the SHO PS Hathuniya, District Bhilwara, which

is below commercial quantity. He further submits the provisions of

(2 of 3) [SOSA-862/2021]

Section 37 of the NDPS Act are not applicable in the instant case.

He further submits that the appellant was bail during trial and he

never misused the liberty so granted to him therefore, sentence

awarded to him may be suspended during pendency of the appeal.

In this background and having regard to the overall facts and

circumstances of the case, this Court is of the opinion that this is a

fit case to enlarge the appellant-applicant on bail by suspending

his sentences during the pendency of the appeal. Thus, the

restrictions contained in Section 37 of the NDPS Act do not

operate against the petitioner.

Accordingly, the instant application for suspension of

sentences filed under Section 389 Cr.P.C. is allowed and it is

ordered that the sentences passed by learned Special Judge,

NDPS Cases, Pratapgrah vide judgment dated 10.12.2021 in

Special Sessions Case No.22/2015 against the appellant-applicant

Pappu S/o Sh. Bhuwan shall remain suspended till final disposal of

the aforesaid appeal and he shall be released on bail subject to

the condition that he shall furnish 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 01.03.2022 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 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 of 3) [SOSA-862/2021]

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 92-Mamta/-

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