Rajasthan High Court - Jodhpur
Mangi Lal vs State Of Rajasthan ... on 5 May, 2023
Bench: Farjand Ali
[2023/RJJD/013791]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension of Sentence Application (Appeal)
No. 1005/2022
Mangi Lal S/o Sahab Ram, Aged About 39 Years, B/c Jat R/o
Deidas Ps Nohar Dist. Hanumangarh (At Present Lodged In
Central Jail Bikaner)
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Mangi Lal Vishnoi
For Respondent(s) : Mr. A.R. Choudhary, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
05/05/2023
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment
dated 23.11.2015 passed by learned Special Judge, NDPS
Cases, Hanumangarh in Sessions Case No.21/2013 whereby
he was convicted and sentenced to suffer maximum
punishment of 12 years rigorous imprisonment along with
fine of Rs.1,00,000/- under Section8/15 of NDPS Act.
2. At the outset, learned counsel for the appellant submits that
the appellant is facing incarceration in this case for around
10 years out of the total sentence of 12 years. There is no
likelihood of hearing of the appeal in near future and the
similarly situated co-accused Shishpal and Parmanand has
already been released on bail by a co-ordinate Bench of this
Court, therefore, the application for suspension of sentence
may be granted.
[2023/RJJD/013791] (2 of 3) [SOSA-1005/2022]
3. Learned Public Prosecutor does not dispute the fact that the
appellant is languishing in jail for around 10 years as well as
the fact that the co-accused of this case have already been
released on bail by a co-ordinate Bench of this Court.
4. Heard learned counsel for the parties and perused the
material available on record.
5. It is not disputed that the co-accused Shishpal and
Parmanand have been released on bail by a co-ordinate
Bench of this Court and the nature of allegation against the
appellant is not distinguishable in any manner. He is behind
the bars for around 10 years. The appeal has already been
admitted by this Court. Thus, considering the submissions
made with regard to the long incarceration as well as the
grounds raised in the memo of appeal regarding
sustainability of judgment of conviction as well as feeling
that the embargo contained under Sections 32 and 37 of the
NDPS Act would not come in the way of releasing the
appellant on bail, this court is of the opinion that it is a fit
case for suspending the sentence awarded to the accused-
appellant.
6. Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that
the sentence passed by learned Special Judge, NDPS Cases,
Hanumangarh in Sessions Case No.21/2013 against the
appellant-applicant Mangi Lal S/o Sahab Ram 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 sureties of
[2023/RJJD/013791] (3 of 3) [SOSA-1005/2022]
Rs.50,000/- each to the satisfaction of the learned trial
Judge for his appearance in this court on 05.06.2023 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.
7. 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.
(FARJAND ALI),J
79-Ashutosh/-
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