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2019 DIGILAW 3096 (RAJ)

Malaram v. State of Rajasthan

2019-12-18

SANDEEP MEHTA

body2019
JUDGMENT Sandeep Mehta, J. - Heard learned counsel for the applicant, learned Public Prosecutor. Perused the material available on record. 2. The appellant applicant herein stands convicted and sentenced for the offence under Section 8/15 of the NDPS Act vide judgment dated 20.11.2019 passed by the learned Special Judge, NDPS Act Cases, Jodhpur in Sessions Case No.28/2010 (NCV No.906/2014) and has been sentenced to maximum punishment of three years RI. 3. The prosecution allegation is in regard to recovery of 19 kgs poppy straw and a carton full of Indian made foreign liquor which was allegedly effected from the residential dhani of the presentapplicant-appellant. The recovered contraband weighs well below the commercial quantity. Shri Bishnoi, learned counsel representing the applicant-appellant makes a statement at Bar that other than the present one, no other criminal case has ever been registered against the applicant-appellant. He further submits that hearing of the appeal is like to consume time. He thus craves acceptance of the application under Section 389 Cr.P.C. and seeks suspension of sentences awarded to the appellant during pendency of the appeal. 4. Learned Public Prosecutor was given opportunity to procure the criminal antecedent report of the applicant-appellant but he has failed to do so. 5. In this view of the matter and, considering the quantity of the contraband recovered, the quantum of sentence awarded to the applicant-appellant and the bleak chances of the early disposal of the appeal, this court is inclined to accept this application for suspension of sentences. 6. Accordingly, the instant application for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the Special Judge, NDPS Act Cases, Jodhpur vide judgment dated 20.11.2019 in Sessions Case No.28/2010 (NCV No.906/2014) against the appellant-applicant Malaram S/o Sh. Jetaram, 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.80,000/- with two sureties of Rs.40,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 20.01.2020 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 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. 7. 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.