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2018 DIGILAW 119 (RAJ)

KAILASH v. STATE OF RAJASTHAN

2018-01-08

P.K.LOHRA

body2018
ORDER : P.K. Lohra, J. Heard learned Senior Counsel for the appellants as well as learned Public Prosecutor on the application for suspension of sentence. 2. By the instant application under Section 389 Cr.P.C., applicant-appellants have craved for suspending the sentence handed down by Additional District and Sessions Judge, Sojat (for short, 'learned trial Court'), by its verdict dated 06.07.2017. Learned trial Court, by the aforesaid verdict, convicted applicant-appellants for offence under Sections 8/15 of the NDPS Act and handed down them maximum sentence of ten years' rigorous imprisonment with fine of Rs. 1,00,000/- and also convicted applicant-appellant No. 2 for offence under Section 279, 337 IPC and sentenced him for various terms for the said offences. 3. It is submitted by learned Senior Counsel that during trial applicant-appellants remained in custody for more than 4 years and by this time they have undergone sentence for more than five years. It is also argued by learned Senior Counsel that final decision of the appeal is likely to take considerable time, and therefore, it would not be appropriate to keep applicant-appellants under further incarceration. 4. Learned Public Prosecutor has vehemently opposed the application for suspension of sentence. 5. Having regard to the facts and circumstances of the case and considering the sentence awarded, I feel inclined to accept this application for suspension of sentence. 6. Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by learned Additional District and Sessions Judge, Sojat, vide judgment dated 06.07.2017, in Sessions Case No. 12/2016 against appellant-applicants (1) Kailash S/o Bhanwar Lal, and (2) Gajaram S/o Birbalram, shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail subject to the condition that each one of them deposit 50% amount of fine, i.e. Rs. 50,000/- within four weeks and upon their furnishing a personal bond in the sum of Rs. 50,000/- with two sureties of like amount to the satisfaction of learned trial Judge for appearance in this Court on 09.02.2018 and whenever ordered to do so till disposal of the appeal, on the conditions indicated below:- 1. That they will appear before the trial Court in the month of January of every year till the appeal is decided. 2. 50,000/- with two sureties of like amount to the satisfaction of learned trial Judge for appearance in this Court on 09.02.2018 and whenever ordered to do so till disposal of the appeal, on the conditions indicated below:- 1. That they will appear before the trial Court in the month of January 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 addresses 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. 7. The learned trial Court shall keep the record of attendance of accused-applicants in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused applicants 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 purposes relating to pendency and disposal of cases in the trial court. In case the said accused applicants do not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.