Punamchand vs State Of Rajasthan
2022 Latest Caselaw 4318 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 712/2021

In

S.B. Criminal Appeal No.554/2019

Punamchand S/o Sh. Hemaram, Aged About 38 Years, B/c Vishnoi, R/o Dungarpur, Thana Rohat, Distt. Pali. Presently 856, Gandhi Nagar, Pali Thana Kotwali Pali (Raj.) (Presently Lodged At Central Jail, Jodhpur)

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

----Respondent

For Petitioner(s) : Mr. M.L. Bishoni For Respondent(s) : Mr. S.S. Rajpurohit, P.P.

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

16/03/2022

Heard learned counsel for the appellant as well as learned

Public Prosecutor. Perused the material available on record.

Learned counsel for the appellant stated that appellant is

behind the bars since the date of his arrest and appellant has

already undergone the sentence for a period of five years and one

day; that Hon'ble the Apex Court has issued the guidelines in a

batch of criminal appeal led by Special Leave to Appeal (Crl.) No.

4633/2021 titled as "Saudan Singh Vs. The State of Uttar

Pradesh" in which, it has been held that, "We may note that

there may be even convicts in custody in cases other than

life sentence cases and in those cases again the broad

(2 of 4) [SOSA-712/2021]

parameter of 50 per cent of the actual sentence undergone

can be the basis of grant of bail"; that thereafter, while

following the aforementioned judgment of Hon'ble the Supreme

Court, a coordinate Bench of this Court has suspended the

sentences of the accused in the case of Bhupendra Singh Vs.

State of Rajasthan [SoS (Appeal) No. 376/2020, decided on

22.11.2021); Learned counsel for the appellant prays that the

sentences awarded to the accused-appellant may be suspended

during pendency of the appeal.

Per contra, learned Public Prosecutor has vehemently and

fervently opposed the application seeking suspension of the

sentences awarded to the accused. However, he too does not

dispute the fact that the appellant has remained in custody in this

case for five years and one day.

Having regard to the facts and circumstances of the case,

particularly to the facts that applicant-appellant has already

undergone the sentence for a period of five years and one day

which is above the ratio of 50% as held by Hon'ble the Supreme

Court in the above referred case; that the hearing of the appeal

will take sufficiently long time, therefore, it appears appropriate

that the application seeking suspension of sentences awarded by

the learned Trial Court concerned deserves to be allowed and the

sentences awarded to the accused deserves to be suspended.

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 Pali

(Sessions Judge, Pali), vide judgment dated 30.03.2019 in

Sessions Case No. 169/2017 against the applicant-appellant,

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Punamchand S/o Sh. Hemaram, shall remain suspended till final

disposal of the aforesaid appeal and he shall be released on bail,

he execute a personal bond in the sum of Rs.50,000/- with two

solvent and sound sureties of Rs.25,000/- each to the

satisfaction of the learned Trial Judge for his appearance in this

Court on 18.04.2022 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. 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

(4 of 4) [SOSA-712/2021]

appear before the trial court, the learned trial Judge shall report

the matter to the High Court for cancellation of bail.

(DEVENDRA KACHHAWAHA),J 183-Bharti/-

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