Rajasthan High Court - Jodhpur
Surendra Kumar vs State Of Rajasthan on 6 January, 2022
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 902/2020
Surendra Kumar S/o Sh. Jwala Prasad, Aged About 37 Years, B/c
Khatik, R/o Naya Mohalla Khatikan, Near Moti Public School,
Ward No 12, Mahendragarh (Haryana). (Presently Lodged In Sub
Jail, Rajgarh, District Churu).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vikas Bijarnia through VC
For Respondent(s) : Mr. Anees Bhurat, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
06/01/2022
Heard the learned counsel for the parties on the second
application for suspension of sentence.
Counsel for the appellant submits that the appellant is inside
the judicial custody and till date he has served more than eight
years of sentence, out of total sentence of ten years rigorous
imprisonment. Counsel further submits that no other criminal case
has been registered against the appellant and hearing of the
appeal will taken sufficient long time. In these circumstances, the
sentence of the appellant may kindly be suspended and he may be
released on bail.
Per contra, learned Public Prosecutor concurs the fact that
the appellant is inside the jail for more than eight years, however,
(2 of 3) [SOSA-902/2020]
he submits that looking to the gravity and nature of offence, the
sentence of the appellant may not be suspended.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case including the fact that the appellant is inside the
judicial custody for more than eight years, out of total sentence of
ten years rigorous imprisonment, this Court is of the opinion that
it is a fit case for suspending the substantive sentences awarded
to the accused appellant.
Accordingly, the second application for suspension of
sentence filed under Section 389 Cr.P.C. is allowed and it is
ordered that the substantive sentences passed by the learned
Special Judge, NDPS Cases, Rajgarh, District Churu vide judgment
dated 30.05.2019 in Sessions Case No.06/2014 against the
appellant-applicant Surendra Kumar S/o Sh. Jwala Prasad shall
remain suspended till final disposal of the aforesaid appeal and he
shall be released on bail subject to deposit the fine amount as
imposed by the learned trial Court, 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 07.02.2022 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-902/2020]
3. Similarly, if the sureties change their address(s),
they will give in writing their changed address to
the trial Court.
4. Appellant shall deposit the fine amount as
imposed by the learned 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.
(MANOJ KUMAR GARG),J
140-MS/-
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