Rajasthan High Court - Jodhpur
Dhura Lal vs State Of Rajasthan on 29 September, 2022
Bench: Pushpendra Singh Bhati
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 664/2022
Dhura Lal S/o Sh. Shyoji Banjara, Aged About 55 Years, B/c
Banjara, R/o Vill. Chikali, P.s. Rampura, Teh. Mannsa, Dist.
Nimach (M.p.). (Presently Lodged In Central Jail, Udaipur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Kalu Ram Bhati
For Respondent(s) : Mr. Vikram Sharma, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
29/09/2022
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.664/2022.
Learned counsel for the appellant submits that the appellant
has undergone total sentence of 7 years 7 months and 18 days
out of 10 years' sentence.
Learned counsel for the appellant has shown the following
judgments passed by this Court:-
Kamlesh @ Komal Garg Vs. State of Rajasthan; (S.B.
Criminal Misc. Third Suspension of Sentence Application
No.467/2020 decided on 08.01.2021,
Nirmal Singh S/o Jarnel Singh Vs. State of Rajasthan;
(S.B. Cr. Misc. Fifth Suspension of Sentence Application (Appeal)
No.816/2019 decided on 25.08.2020,
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Pawan Singh @ Shyamlal Sharma Vs. State of
Rajasthan; (S.B. Crl. 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 appellant has relied upon the judgment of
Hon'ble Apex Court in the case 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 Court
has released the appellant on completion of custody of 08 years in
NDPS cases.
Learned Public Prosecutor opposes 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.
664/2022 filed under Section 389 Cr.P.C. is allowed and it is
ordered that the substantive sentence passed by learned Special
Judge NDPS Cases No.1, Chittorgarh vide judgment dated
18.09.2015 in Sessions Case No.53/2002 against appellant -
Dhura Lal S/o Sh. Shyoji Banjara 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 02.11.2022 and whenever
ordered to do so, till the disposal of the appeal on the conditions
indicated below:-
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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
trial Judge shall report the matter to the High Court for
cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI), J.
104-NS/Suraj/-
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