Rajasthan High Court - Jodhpur
Prabhu Lal vs State Of Rajasthan on 10 March, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 170/2022
1. Prabhu Lal S/o Harji, Aged About 48 Years,
Shambhupura, Kalinjara Police Station, District Banswara.
(At Present Lodged In Central Jail Udaipur).
2. Aapu @ Bapu Lal S/o Deva, Aged About 38 Years,
Shambhupura, Kalinjara Police Station, District Banswara.
(At Present Lodged In Central Jail Udaipur).
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Bhagat Dadhich
For Respondent(s) : Mr. Sudhir Tak, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
10/03/2022
In wake of instant surge in COVID-19 cases and spread of its
highly infectious Omicron variant, abundant caution is being
maintained, while hearing the matters in Court, for the safety of
all concerned.
Heard learned counsel for the parties and perused the
material available on record.
Counsel for the appellants submits that the total sentence
awarded is of 07 years', out of which, 05 years' of sentence has
been undergone by the accused-appellants.
Counsel for the appellants has shown the following
judgments passed by this Court:
(2 of 3) [SOSA-170/2022]
Kamlesh @ Komal Garg Vs. State of Rajasthan;
(S.B. Criminal Misc. Third Suspension of Sentence
Application (Appeal) No.467/2020, decided on
08.01.2021,
Nirmal Singh S/o Jarnel Singh Vs. State of
Rajasthan; (S.B. Criminal Misc. 5th Suspension of
Sentence Application (Appeal) No.816/2019, decided on
25.08.2020,
Pawan @ Shyamlal Sharma Vs. State of
Rajasthan; (S.B. Criminal Misc. Third Suspension of
Sentence Application (Appeal) No.23/2021, decided on
28.01.2021 and,
Champa Ram Vs.State of Rajasthan; (S.B.
Suspension of Sentence Application (Appeal)
No.517/2018, decided on 06.07.2018.
Counsel for the appellants has relied upon the precedent law
laid down by the Hon'ble Apex Court in the cases of Thana Singh
Vs. Central Bureau of Narcotics reported in (2013) 2 SCC as
well as Mayuresh Nandkumar Purohit Vs. Kaushik Manna &
Anr., reported in 2018 Cr. L.R. (SC) 251, in which, the Hon'ble
Apex Court has released the appellant on completion of custody of
08 years in NDPS cases.
Learned Public Prosecutor opposes the suspension of
sentence application, but is unable to refute the aforesaid
submission.
Having considered of the totality of facts and circumstances
of the case, this Court deems it just and proper to suspend the
substantive sentence awarded to the accused appellants.
Accordingly, these applications for suspension of sentences
are allowed and it is directed that the sentences awarded to
appellants - (1) Prabhu Lal S/o Harji and (2) Aapu @ Bapu
(3 of 3) [SOSA-170/2022]
Lal S/o Deva by the learned Special Judge, POCSO Act Cases,
Banswara vide judgment dated 02.12.2020 in Sessions Case
No.141/2018 shall remain suspended till final disposal of aforesaid
appeal provided each of them execute a personal bond for a sum
of Rs.50,000/- alongwith two solvent sureties in the sum of
Rs.25,000/- each to the satisfaction of the learned trial court for
their appearance before this Court on 11.04.2022 and whenever
called upon to do so till the disposal of the appeal on the
conditions inidcated 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) Similarly, if the sureties change their address(s), they
will give in writing their changed address(s) 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.
(DR.PUSHPENDRA SINGH BHATI),J
184-Zeeshan
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