Shyam Lal Daroga vs State Of Rajasthan
2022 Latest Caselaw 11386 Raj

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Appeal No. 1265/2022

Shyam Lal Daroga S/o Mohan Lal Daroga, Aged About 34 Years,
B/c Daroga R/o Amartiya Ps Parsoli Dist. Chittorgarh (Presently
Lodged In Dist. Jail Bhilwara)
                                                                      ----Appellant
                                       Versus
State Of Rajasthan, Through Pp
                                                                    ----Respondent


For Appellant(s)             :     Mr. Rakesh Matoria
For Respondent(s)            :     Mr. Mahipal Bishnoi, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                        Order

13/09/2022

     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.705/2022.

     Learned counsel for the appellant submits that the recovery

of contraband is below commercial quantity and there are no

previous criminal antecedents, pertaining to the offence under the

NDPS Act against the present appellant and that the appellant was

on bail during trial.

     Learned Public Prosecutor though opposes the suspension of

sentence application, but is unable to refute the aforesaid factual

matrix.




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     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) filed

under Section 374(2) Cr.P.C. is allowed and it is ordered that the

substantive sentence passed by the trial court vide judgment

dated 02.08.2022 in Sessions Case No.04/2018 against appellant-

Shyam Lal Daroga S/o Mohan Lal Daroga shall remain

suspended till final disposal of the aforesaid appeal, provided he

executes a personal bond in a sum of Rs.1,00,000/- with two

sureties of Rs.50,000/- each to the satisfaction of the learned trial

Judge for his appearance in this Court on 14.10.2022 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

accused appellant do not appear before the trial court, the learned




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                                   trial Judge shall report the matter to the High Court for

                                   cancellation of bail.

                                                                    (DR.PUSHPENDRA SINGH BHATI), J.

8-/Jitender/nirmala

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