Rajasthan High Court - Jodhpur
Mukesh vs State Of Rajasthan on 17 June, 2022
Bench: Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S. B. Criminal Appeal No. 785/2022
Mukesh S/o Ramnarayan Gurjar, aged about 38 years, R/o
Bardiya, P.S. Rathanjna, District Pratapgarh (Raj.)
(At present lodged at Central Jail, Udaipur)
----Appellant
Versus
State of Rajasthan
----Respondent
For Appellant(s) : Mr. Abhishek Charan
For Respondent(s) : Mr. S.S. Rajpurohit, Dy.G.C.
HON'BLE MR. JUSTICE RAMESHWAR VYAS (VACATION JUDGE)
Order
17/06/2022
Admit.
Call for the record.
Heard learned counsel for the parties on the application
seeking suspension of sentence.
The appellant has been convicted and sentenced as below
vide Judgment dated 13.05.2022 passed by Special Judge,
N.D.P.S. Act Cases No. 2, Chittorgarh Camp Nimbahera, District
Chittorgarh in Sessions Case No. 141/2014 (23/2012) :-
Offence Sentence Fine Default
U/s 8/15 of 7 years R.I. Rs. 70,000/- 6 months R.I.
NDPS Act.
The appellant has moved this application under Section 389
of Cr.P.C. seeking suspension of sentences awarded to him by the
trial court.
(2 of 3) [CRLAS-785/2022]
Learned Public Prosecutor has not chosen to file reply to the
application for suspension of sentences and proposes to argue the
matter orally.
Heard learned counsel for the appellant and learned Public
Prosecutor and perused impugned judgment.
Learned counsel for the appellant submits that appellant was
on bail during trial. He is not of criminal background. There is
bleak possibility of hearing of the appeal in near future. In the
above circumstances, he prays to allow this application for
suspension of sentences.
On the other hand, learned Public Prosecutor has opposed
the application for suspension of sentences.
Having regard to the submissions made at the Bar and after
perusal of the record, this Court is inclined to accept the
application for suspension of sentences and to release the
appellant on bail during pendency of the appeal.
Accordingly, application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that
sentences passed by the Special Judge, N.D.P.S. Act Cases No. 2,
Chittorgarh Camp Nimbahera, District Chittorgarh vide Judgment
dated 13.05.2022 in Sessions Case No. 141/2014 (23/2012)
against the appellant-applicant - Mukesh S/o Ramnarayan
Gurjar, 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 trial Judge for his
appearance in this Court on 28.07.2022 and whenever ordered to
do so till disposal of the appeal on the conditions indicated below:-
(3 of 3) [CRLAS-785/2022]
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 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 trial
Judge shall report the matter to the High Court for cancellation of
bail.
(RAMESHWAR VYAS), VJ
65-Inder/-
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