Rajasthan High Court - Jodhpur
Dinesh vs State Of Rajasthan on 5 January, 2023
Bench: Vinod Kumar Bharwani
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1111/2022
Dinesh S/o Kishan Lal Kumawat, Aged About 27 Years, R/o
Avleshwar Ps Hathuniya Dist. Pratapgarh Raj. (At Present Lodged
In Dist. Jail Pratapgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr.B.S. Deora
For Respondent(s) : Mr. S.S. Rajpurohit, PP
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
05/01/2023
The instant application for suspension of sentence under
Section 389 CrPC has been preferred on behalf of the appellant-
applicant Dinesh S/o Kishan Lal Kumawat, who has been convicted
and sentenced for the offence under Section 8/15 of the NDPS Act
vide the judgment dated 03.11.2022 passed by the learned
Special Judge, NDPS Cases Pratapgarh in Special Case
No.31/2015 (arising out of FIR No.42/2015).
Heard learned counsel for the parties and perused the
material available on record.
Learned counsel for the applicant-appellant submits that as
per the judgment dated 03.11.2022, the appellant was found in
possession of 30 Kgs poppy husk in the year 2015 and after trial,
he was sentenced to six years rigorous imprisonment and
presently he is in custody. He further submits that the recovered
(2 of 3) [SOSA-1111/2022]
quantity of contraband is below commercial quantity, thus,
provisions of Section 37 of the NDPS Act are not applicable. He
further contends that the sentence awarded to the co-accused
Dinesh S/o Bhagirath has also been suspended by the Coordinate
Bench of this Court vide order dated 01.12.2022 passed in S.B.
Criminal Misc. Application (Suspension of Sentence) No.1059/2022
and the case of the present appellant-applicant is at par to the
case of the said co-accused Dinesh. He further submits that
appellant-applicant was on bail during trial and he has not
misused the liberty so granted to him. Hearing of the appeal will
consume time, therefore, sentence awarded to the accused-
appellant be suspended during pendency of appeal.
In this background and having regard to the entirety of the
facts and circumstances of the case and the fact that the sentence
awarded to the co-accused Dinesh S/o Bhagirath has also been
suspended and the recovered quantity of contraband is below
commercial quantity, thus, provisions of Section 37 of the NDPS
Act are not applicable, this court is of the view that it is a fit case
for grant of indulgence of bail to the appellant-applicant by
suspending the sentences awarded to him by the trial court during
the pendency of the appeal.
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,
Pratapgarh vide judgment dated 03.11.2022 in Sessions Case
No.31/2015 against the appellant-applicant Dinesh S/o Kishan
Lal Kumawat 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
(3 of 3) [SOSA-1111/2022]
sureties of Rs.50,000/- each to the satisfaction of the learned trial
Judge for his appearance in this court on 06.02.2023 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 applicant changes the place of
residence, he 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(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 in a separate file. Such file be
registered as Criminal Misc. Case related to original case in which
the accused-applicant 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 does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(VINOD KUMAR BHARWANI),J
67-Mamta/-
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