Rameshwarlal vs State Of Rajasthan
2022 Latest Caselaw 358 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 793/2021

In

S.B. Criminal Appeal No. 1187/2021

Rameshwarlal S/o Sh. Vijayram, Aged About 63 Years, Barkhera, Ps Chhoti Sadri, Dist. Pratapgarh, Rajasthan. (At Present Lodged In Dist. Jail, Pratapgarh).

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

----Respondent

For Petitioner(s) : Mr. Ramesh Purohit, through VC For Respondent(s) : Mr. Mohd. Javed Gauri, PP

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

06/01/2022

The instant application for suspension of sentence under

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

applicant Rameshwarlal S/o Sh. Vijayram, who has been convicted

and sentenced for the offence under Section 8/15 of the NDPS Act

vide the judgment dated 25.11.2021 passed by the learned

Special Judge, NDPS Cases, Pratapgarh in Sessions Case

No.36/2018.

Learned Public Prosecutor has chosen not to file reply to the

application for suspension of sentence and proposed to argue the

matter orally.

Heard learned counsel for the parties and perused the

material available on record.

(2 of 3) [SOSA-793/2021]

Learned counsel for the applicant-appellant submits that

applicant-appellant does not have any criminal antecedent and he

has been sentenced to one year's rigorous imprisonment and is in

custody since 25.11.2021 and 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, 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,

Pratapgarh vide judgment dated 25.11.2021 in Sessions Case

No.36/2018 against the appellant-applicant Rameshwarlal S/o

Sh. Vijayram 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 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-793/2021]

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

65-Mamta/-

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