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2019 DIGILAW 2932 (RAJ)

PREM DAS v. STATE, THROUGH PP

2019-12-03

SANDEEP MEHTA

body2019
JUDGMENT 1. Heard. Perused the material available on record. 2. This is 4th application for suspension of sentences filed on behalf of applicant-appellant Prem Das who has been convicted and sentenced for the offences under Sections 8/18 and 8/25 of the NDPS Act vide judgment dated 09.09.2016 passed by learned Special Judge, NDPS Cases No.2, Chhitorgarh in Sessions Case No.08/2014 (60/2008). 3. Learned counsel Shri Gill submits that while considering the 3rd application for suspension of sentences (No.354/2019), this Court had summoned the criminal antecedent report of the appellant and it was revealed that no other criminal case was registered against him other than the present one. He has placed on record the custody certificate of the appellant issued by the Superintendent, Central Jail, Udaipur, as per which, the appellant had remained in custody for 7 years 6 months and 5 days as on 07.03.2019. Thus, out of the 14 years imprisonment awarded to appellant, by now he has undergone actual imprisonment well in excess of 8 years and 2 months. Though while dismissing the 2nd application for suspension of sentences, this Court took note of the fact that the appeal had been listed for hearing on a number of occasions but since the rejection of the said application by order dated 25.09.2018 it is clear that the appeal could not be heard for one reason or the other. The appellant has undergone well in excess of more than half of the actual imprisonment awarded to him by the trial court. In the present circumstances, early disposal of the appeal appears to be unlikely. 4. In this background and having regard to the entirety of the facts and circumstances as available on record, I am of the opinion that the instant one is fit case to enlarge the appellant-applicant on bail by suspending the sentences awarded to him. 5. 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 the learned Special Judge, NDPS Cases No.2, Chhitorgarh vide judgment dated 09.09.2016 in Sessions Case No.08/2014 (60/2008) against the appellant-applicant Prem Das S/o Ram Narain shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he deposits 50% of the total fine amount, i.e. Rs. 1,40,000/-, with the trial court and 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 03.01.2020 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 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 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 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.