Rajasthan High Court - Jodhpur
Bhawani Shankar @ Kailash vs State Of Rajasthan on 26 May, 2022
Bench: Pushpendra Singh Judge)
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1257/2021
Bhawani Shankar @ Kailash S/o Bapu Lal Meena, Aged About 50
Years, Sankariya Khedi, Banjara Tada Thana Kukdeshawar Dist.
Neemach Mp. (At Present Lodged In Dist. Jail, Chittorgarh).
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Jitendra Ojha
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
26/05/2022
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of
respondent-State. Hence, notice need not be issued.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.868/2021.
The report dated 21.05.2022 produced by learned Public
Prosecutor reflects that the appellant has undergone ten years
imprisonment in criminal case No.29/2010 under Section 8/15 of
the NDPS Act in Madhya Pradesh and in the present case where
the contraband is below commercial quantity, the appellant is in
judicial custody from 27.02.2021, which is about one year and
three months. The report dated 21.05.2022 is taken on record.
Looking to the continuous prolonged custody of the appellant
and also the fact that the contraband recovered in this case is
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below commercial quantity, this Court is inclined to grant the
suspension of sentence application.
Having considered 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 applicant-appellant.
Accordingly, S.B. Suspension of Sentence (Appeal) No.
868/2021 filed under Section 389 Cr.P.C. is allowed and it is
ordered that the substantive sentence passed by the trial court
vide judgment dated 31.08.2017 in Session Case No.207/14
against appellant- Bhawani Shankar @ Kailash S/o Bapu Lal
Meena shall remain suspended till final disposal of the aforesaid
appeal, provided he executes a personal bond in a sum of
Rs.50,000/- with two sureties of Rs.25,000/- each to the
satisfaction of the learned trial Judge for his appearance in this
Court on 06.07.2022 and whenever ordered to do so, till the
disposal of the appeal on the conditions indicated below:-
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 appellant changes the place of
residence, they 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,
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-appellant in a separate file. Such file be registered as
Criminal misc. Case related to original case in which the accused-
appellant 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
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accused appellant do 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.
224-Sudheer/-
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