Rajasthan High Court - Jodhpur
Vishnu vs State Of Rajasthan (2023:Rj-Jd:40318) on 23 November, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023:RJ-JD:40318]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 395/2023
Vishnu S/o Onkar Vaishnav, Aged About 41 Years, R/o Badwal,
Badi Sadri P.s. Dist. Chittorgarh. (Lodged In Dist. Jail,
Chittorgarh).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 393/2023
Amba Lal S/o Devi Lal Menaria, Aged About 66 Years, Mahuda,
Badi Sadri P.s. Dist. Chittorgarh. (Lodged In Dist. Jail,
Chittorgarh).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. B. Ray Bishnoi
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
23/11/2023
In pursuance of order dated 04.08.2023, Seizure Officer
Ghanshyam Sharma filed an affidavit mentioning that he was not
aware and acquainted with the Standing Order 1/88 dated
15.03.1988 issued by the Narcotics Control Bureau. He assures to
be committed to rectifying this situation to best of his abilities and
ensuring that such oversights will not occur in future.
Heard learned counsel for the appellants as well as learned
Public Prosecutor.
[2023:RJ-JD:40318] (2 of 3) [SOSA-395/2023]
Learned counsel for the appellants submits that only two
samples of alleged contraband were taken out of the total bags
which is clear cut violation of NDPS Act. Counsel has placed
reliance upon the judgments rendered in the cases of Netram Vs.
State of Rajasthan reported in 2014(2) WLN 394 (Raj.) and Nagu
Singh Vs. State of Rajasthan reported in 2016(3) WLN 310 (Raj.)
and upon the order of this Court in SB Cr. Misc. Bail Application
No.1603/2018, Ram Lal Vs. State decided on 27.02.2018. The
accused-appellants are in custody for more than five years & ten
months and hearing of the appeals will take sufficiently long time,
therefore, the sentence of the appellants may kindly be
suspended.
Learned Public Prosecutor opposed the prayer made by the
counsel for the appellants.
Upon a consideration of the arguments advanced on behalf
of the appellants and having regard to the facts and circumstances
of the case, this court is of the opinion that it is a fit case for
suspending the substantive sentence awarded to the accused
appellants.
Accordingly, the applications for suspension of sentence filed
under Section 389 Cr.P.C. are allowed and it is ordered that the
substantive sentences passed by the learned Special Judge, NDPS
Cases, No.1, Chittorgarh, vide judgment dated 13.04.2023 in
Sessions Case No.168/2014 (92/2010) against the appellants-
applicants, (1) Vishnu S/o Onkar Vaishnav and (2) Amba Lal S/o
Devi Lal Menaria, shall be suspended till final disposal of the
aforesaid appeal subject to the condition that the appellants shall
deposit the 50% of the fine amount as imposed by the learned
[2023:RJ-JD:40318] (3 of 3) [SOSA-395/2023]
trial Court and he will be released on bail, provided each of them
executes a personal bond in the sum of Rs.1,00,000/- with two
sureties of Rs.50,000/- each to the satisfaction of the learned trial
Judge for their appearance in this court on 03.01.2024 and
whenever ordered to do so till the disposal of the appeals on the
conditions indicated below:-
1. That he/she/they will appear before the trial
Court in the month of January of every year till the
appeal is decided.
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing
his/her/their 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.
4. Appellant shall deposit the 50% of fine amount
as imposed by the learned trial court.
The learned trial Court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/were 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(s) does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(MANOJ KUMAR GARG),J
84-85-Rashi/-
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