Rajasthan High Court - Jodhpur
Prema Ram vs State on 28 March, 2022
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR.
.....
S.B. Criminal Misc. Second Application for Suspension Of
Sentences No. 19/2022.
IN
S.B. CRIMINAL APPEAL NO. 836/2019.
Prema Ram S/o Surja Ram, aged about 28 years, by caste
Bishnoi, Resident Of Meriya Nada, Feech Police Station Luni
District Jodhpur.
(At Present Lodged In Central Jail Jodhpur)
----Petitioner
Versus
State of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. Ram Niwas Bishnoi.
For Respondent(s) : Mr. Sumer Singh Rajpurohit, PP.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
28/03/2022
Heard learned counsel for the applicant-appellant as well as
learned Public Prosecutor on application seeking suspension of
sentences.
Learned counsel for the accused-applicant-appellant stated
that the accused-applicant has wrongly been convicted for the
offences punishable under Section 15(C) read with Section 8 of
(2 of 4) [SOSA-19/2022]
the NDPS Act for a period of 10 years rigorous imprisonment;
that during the trial of the case, the accused-applicant was on
bail; that the benefit of bail has been granted to the accused by
the co-ordinate Bench of this Court vide order dated 06.05.2010
(Bail Application No. 2883/2010); that as per paragraph number
15 of the impugned judgment, at that time, the accused has been
facing the trial for last 09 years; that it was not mentioned that
the accused was in judicial custody from such period; that the
main appeal has already been admitted by the co-ordinate Bench
of this Court vide order dated 27.06.2019 (Appeal No. 836/2019)
and hearing of the appeal will take time, therefore, the present
application may be allowed and the sentences awarded to the
accused may kindly be suspended during pendency of the appeal.
Per contra, learned Public Prosecutor has vehemently and
fervently opposed the application seeking suspension of sentences
and while submitting the custody certificate in regard to the
accused for the Court's perusal, stated that the reply to the
application seeking suspension of sentences has already been
filed. It is further stated that as per the certificate, the accused
remained in custody for a period of 3 years, 6 months and 25
days; that as per column number 6 of the table in the said
certificate, the accused remained in judicial custody for a period of
0 year, 10 months and 01 day.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case, this Court is of the opinion that it is a fit case for
suspending the sentences awarded to the accused-applicant.
(3 of 4) [SOSA-19/2022]
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 Sessions Court, Pali vide
judgment dated 19.06.2019 in Sessions Case No. 261/2016
(32/2010) (SC No. 378/2016) against the accused-appellant
Prema Ram S/o Surja Ram 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.
1,00,000/- with two sound and solvent sureties of Rs. 50,000/-
each to the satisfaction of the learned trial Judge for his
appearance in this Court on 28.04.2022 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.
(4 of 4) [SOSA-19/2022]
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 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.
(DEVENDRA KACHHAWAHA),J
81-Mohan/S. Dhingra
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