Rajasthan High Court - Jodhpur
Pawan Kumar vs Union Of India on 15 October, 2024
Author: Birendra Kumar
Bench: Birendra Kumar
[2024:RJ-JD:41971]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 171/2023
IN
S.B. Criminal Appeal No. 66/2023
1. Pawan Kumar S/o Raghuvir Singh, Aged About 28 Years,
R/o Village Budhakhera, Post Uklana Tehsil Uklana Mandi
District Hissar (Haryana) (Presently Lodged In District
Jail, Chittorgarh)
2. Sonu S/o Jogi Ram, Aged About 31 Years, R/o
Prabhuwala, Bsnl Tower, 116, Post Uklana Tehsil Uklana
Mandi District Hissar (Haryana) (Presently Lodged In
District Jail, Chittorgarh)
----Applicants
Versus
Union Of India, Through CBN.
----Respondent
For Applicants (s) : Mr. Birbal Ram Bishnoi.
For Respondent(s) : Mr. M.R. Pareek, Spl. NCB.
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
15/10/2024
1. Heard learned counsel for the parties on the prayer for
suspension of sentence.
2. 13 years rigorous imprisonment has been awarded against
the applicants by the impugned judgment dated 05.01.2023
passed in Sessions Case No. 56/2019 (38/2018).
3. Learned counsel for the applicants submits that applicant is
in custody since more than 7 years. Several infirmities in the
[2024:RJ-JD:41971] (2 of 3) [SOSA-171/2023]
prosecution evidence have been ignored by the trial judge. There
is no chance of early hearing of this appeal.
4. Learned Public Prosecutor opposed the prayer for suspension
of sentence.
5. Considering the aforesaid facts as well as the fact that the
appeal would take time for final disposal, the instant application
for suspension of sentence stands allowed. The sentence awarded
against the applicants above-named by the Learned Special Judge,
NDPS Act Cases No. 2, Chittorgarh vide judgment dated
05.01.2023 passed in Sessions Case No.56/2019 (CIS No.
38/2018) shall remain suspended till final disposal of the appeal
provided that they furnish bail bond of Rs.50,000/- with two
sureties of like amount (one of the sureties of territorial
jurisdiction of the trial court) to the satisfaction of the learned trial
Court with following conditions:-
(1) That they will appear in person before the trial court in
the first week of November of every year till the appeal is
decided.
(2) That if the applicants change the place of residence,
they will give in writing 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(s) to the trial
court.
6. 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
[2024:RJ-JD:41971] (3 of 3) [SOSA-171/2023]
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.
(BIRENDRA KUMAR),J
22-sumer/-
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