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2019 DIGILAW 1575 (RAJ)

Durga Lal v. State of Rajasthan, Through PP

2019-05-20

MANOJ KUMAR GARG

body2019
JUDGMENT 1. Heard learned counsel for the appellant and learned Public Prosecutor. 2. Counsel for the appellant submits that out of total sentence of seven years, the appellant has already undergone more than five years of sentence and further the recovered contraband is below commercial quantity, therefore in such circumstances, the sentence awarded by learned court below may be suspended and the appellant may be released on bail. 3. Learned Public Prosecutor has vehemently opposed the application for suspension of sentence. 4. Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case including the facts that the petitioner has already undergone more than five years of sentence out of the total sentence of seven years and the recovered contraband is below commercial quantity, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused appellant. 5. Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentences passed by the learned Special Judge, NDPS Cases No. 2, Chhitorgarh, vide judgment dated 13.09.2017 in Sessions Case No. 214/2014 (05/2013) against the appellant applicant Durga Lal S/o Sh. Devi Lal, 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 Rs. 50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 27.06.2019 and whenever ordered to do so till the disposal of the appeal 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. 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. 3. Similarly, if the sureties change their address(s), they will give in writing their changed address 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 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.