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2019 DIGILAW 1717 (RAJ)

Gokalaram v. State of Rajasthan, Through PP

2019-05-30

MANOJ KUMAR GARG

body2019
JUDGMENT 1. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record. 2. Sr. Advocate Shri Mahesh Bora assisted by Mr. Nishant Bora, appearing for the appellants submits that at the time of recovery both the appellants were not present and the recovery was made from the possession of the co-accused Balwantdan. On the statement of co-accused Balwantdan, the present appellants were arrested by the Police. Sr. Counsel further submits that there is no other connecting evidence against the present appellants. The appellant No. 1 Gokalaram S/o Simartharam is inside the jail since 28.04.2010 and the appellant No. 2 Gokalaram S/o Ramaram was on bail during the trial. In such circumstances, the sentence of the appellants may be suspended and the appellants may be released on bail. 3. Learned AAG has opposed the prayer made by the learned counsel for the appellants and submits that in his statement the co-accused Banwaltdan has specifically named the present appellants, hence there is ample evidence against the appellants. 4. Upon a consideration of the arguments advanced on behalf of the appellants and having regard to the facts and circumstances of the case including the facts that at the time of recovery, the coaccused Balwantdan was present and recovery was made from him, in his statement he named the present appellants and thereafter the Police arrested the appellants in this case and nothing has been recovered from the possession of the appellants, in such circumstances, this Court is of the opinion that it is a fit case for suspending the substantive sentences awarded to the accused appellants. 5. Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the learned Special Judge NDPS Cases (Addl. Sessinos Judge No. (1), Barmer, vide judgment dated 09.07.2018 in Sessions Case (NDPS) No. 143/2016 (124/10) CIS No. 64/16 against the appellants-applicants (1) Gokalaram S/o Simartharam and (2) Gokalaram S/o Ramaram, shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail, provided they execute a personal bond in the sum of Rs. 2,00,000/- with two sureties of Rs. 2,00,000/- with two sureties of Rs. 1,00,000/- each to the satisfaction of the learned trial Judge for their 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. 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.