Shanti Lal vs State Of Rajasthan
2022 Latest Caselaw 356 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 832/2021

In

S.B.Criminal Appeal No. 1222/2021

Shanti Lal S/o Sh. Nathu Lal Dhakad, Aged About 48 Years, R/o Dabda Kla, P.S. Singoli, Dist. Chittorgarh. (Presently Lodged At Dist. Jail, Chittorgarh).

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

----Respondent

For Petitioner(s) : Mr. Bhawani Singh through VC For Respondent(s) : Mr. Mohd. Javed Gauri, P.P.

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

06/01/2022

The instant application for suspension of sentence under

Section 389 Cr.P.C. has been filed on behalf of the appellant-

applicant Shanti Lal who has been convicted vide judgment dated

30.11.21 and sentenced for the offences under Sections 8/18

NDPS Act vide judgment dated 1.12.2021 passed by the learned

Special Judge, NDPS Act Case No.1, Chittorgarh in Sessions Case

No. 76/2010 (CIS No. 576/2010).

Learned Public Prosecutor has chosen not to file reply to the

application for suspension of sentence and proposed to argue the

matter orally.

(2 of 3) [SOSA-832/2021]

Heard learned counsel for the applicant appellant and

learned Public Prosecutor and perused the material available on

record.

Learned counsel for the appellant submits that the applicant-

appellant was on bail during trial. He further submits that the

appellant has no criminal antecedents and hearing of the appeal

will consume time, therefore, the sentence awarded to the

accused-appellant be suspended during pendency of the appeal.

Having regard to the entirety of the facts and circumstances

as available on the record, this Court is of the opinion that it is a

fit case for suspending the sentences awarded to the accused

appellant during pendency of the instant appeal.

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 learned Special Judge, NDPS Act

Case No.1, Chittorgarh in Sessions Case No. 76/2010 (CIS No.

576/2010) vide judgment dated 01.12.2021 against the appellant-

applicant Shanti Lal S/o Nathu Lal Dhakad, 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.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 08.02.2022 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-832/2021]

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(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.

(VINOD KUMAR BHARWANI),J

67-RP/-

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