Kishan Lal vs State (2023/Rjjd/006269)
2023 Latest Caselaw 2105 Raj

[2023/RJJD/006269]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. 2nd Suspension Of Sentence Application (Appeal) No. 78/2022

Kishan Lal S/o Sh. Baldass, Aged About 36 Years, By Caste Vaishnav, R/o Tatoty Ps Bhinai, District Bhilwara, Rajasthan. (Presently Lodged In Central Jail Ajmer).

----Petitioner Versus State of Rajasthan

----Respondent

For Petitioner(s) : Mr. Mahendra Vaishnav, Present-in-

Person For Respondent(s) : Mr. Javed Gouri, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

03/03/2023

Lawyers are abstaining from appearing before the Court.

Mr. Mahendra Vaishnav, son of applicant-appellant, is present

in person before this Court.

The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment dated

29.09.2018 passed by learned Special Judge, NDPS Cases,

Bhilwara in Sessions Case No.37/2016 whereby he was convicted

and sentenced to suffer maximum punishment of 10 years

rigorous imprisonment along with fine of Rs.1,00,000/- under

Section 8/15 of NDPS Act and lesser punishment for the other

offences under Sections 471 & 120B IPC.

It is contended on behalf of the applicant that the learned

trial Judge has not appreciated the correct, legal and factual

[2023/RJJD/006269] (2 of 4) [SOSA-78/2022]

aspects of the matter and thus, reached at an erroneous

conclusion of guilt, therefore, the same is required to be

appreciated again by this court being the first appellate Court. He

was on bail during trial; hearing of the appeal is likely to take long

time, therefore, the application for suspension of sentence may be

granted.

Per contra, learned public prosecutor has vehemently

opposed the prayer made on behalf of the representative of

accused-applicant for releasing the appellant on application for

suspension of sentence.

Heard and perused the material available on record.

The co-accused of this case 'Sanju Sanjeev Kumar', against

whom the nature of allegation is almost identical, has been given

the benefit of bail vide order dated 27.01.2022 passed in S.B.

Criminal Misc. Suspension of Sentence Applicaton(Appeal)

No.703/2020 by a Co-ordinate bench of this Court. The case of the

appellant 'Kishan Lal' is not distinguishable than that of the case

of 'Sanju Sanjeev Kumar', thus, for the purpose of maintaining

parity and judicial discipline as well as considering the fact that

the accused-appellant is behind the bars for more than five years,

this Court is inclined to allow the application for suspension of

sentence.

Upon consideration of the grounds raised in the memo of the

appeal, looking to the totality of facts and circumstances of the

case, more particularly the fact that the hearing of appeal is likely

to take further more time and considering the overall submissions

while refraining from passing any comments on the niceties of the

matter and the defects of the prosecution as the same may put an

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adverse effect on hearing of the appeal, this court is of the opinion

that it is a fit case for suspending the sentence awarded to the

accused-appellant.

Accordingly, the present second application for suspension of

sentence filed under Section 389 Cr.P.C. is allowed and it is

ordered that the sentences passed by learned Special Judge,

NDPS Cases, Bhilwara vide judgment dated 29.09.2018 in

Sessions Case No.37/2016 against the appellant-applicant Kishan

Lal S/o Sh. Baldass, remain suspended till final disposal of the

aforesaid appeal and he shall be released on bail, provided he

execute a personal bond in the sum of Rs.50,000/-with two

sureties of Rs.25,000/- to the satisfaction of the learned trial

court for his/her/them appearance in this Court on 05.04.2023

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, 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

[2023/RJJD/006269] (4 of 4) [SOSA-78/2022]

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.

(FARJAND ALI),J 98-KashishS/-

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