Veera Ram vs State Of Rajasthan ...
2023 Latest Caselaw 8886 Raj

[2023:RJ-JD:36845]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 950/2023

Veera Ram S/o Bhagchand, Aged About 58 Years, R/o Pur Ps Sanchore Dist. Jalore (At Present Lodged At Central Jail Jodhpur)

----Petitioner Versus State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Bhikaram, Son-in-law of the petitioner For Respondent(s) : Mr. S.K. Bhati, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

31/10/2023

1. The instant application for suspension of sentence has been

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

01.08.2023 passed by the learned Special Judge, NDPS Cases,

Sanchore, District Jalore in Sessions Case No.40/2022 (11/2016)

whereby he was convicted and sentenced to suffer ten years'

rigorous along with fines of Rs.2,00,000/- each under Section

8/18 as well as under Section 8/25 of NDPS Act

2. It is contended on behalf of the applicant that the learned

trial Judge has not appreciated the correct, legal and factual

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

further submits that the accused has already undergone almost

eight years out of the total sentence of ten years awarded to him.

[2023:RJ-JD:36845] (2 of 4) [SOSA-950/2023]

He places reliance on the judgment of Satender Kumar Antil Vs.

Central Bureau of Investigation & Ors. reported in AIR 2022

SC 3386 wherein it was held vide order dated 15.11.2021 that

looking to the prolonged custody period of the petitioner, bail shall

be granted to him in the matter. He further submits that the

accused appellant was on bail during trial and did not misuse the

liberty so granted to him; hearing of the appeal is likely to take

long time, therefore, the application for suspension of sentence

may be granted.

3. Per contra, learned public prosecutor has vehemently

opposed the prayer made on behalf of the accused-applicant for

releasing the appellant on application for suspension of sentence.

4. Heard learned counsel for the parties and perused the

material available on record.

5. Considering the submissions of learned counsel for the

parties and looking to the totality of facts and circumstances of

the case, more particularly, the prolonged custody period of the

accused-appellant and the fact that he was on bail during the

course of trial as well as the hearing of the appeal is not a

seeming fate in the near future and if the sentence is served

during pendency of the appeal, the very purpose of filing of the

same would be frustrated.

6. 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 adverse effect

on hearing of the appeal, this court is of the opinion that it is a fit

[2023:RJ-JD:36845] (3 of 4) [SOSA-950/2023]

case for suspending the sentence awarded to the accused-

appellant.

7. 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, Sanchore,

District Jalore who passed the impugned order 01.08.2023 in

Sessions Case No.40/2022 (11/2016) against the appellant-

applicant- Veera Ram S/o Bhagchand 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.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 30.11.2023 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 addresses, they will give in writing their changed address to the trial Court.

8. 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

[2023:RJ-JD:36845] (4 of 4) [SOSA-950/2023]

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 1-divya/-

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