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2019 DIGILAW 3132 (RAJ)

Radheyshyam @ Pappu v. State

2019-12-19

SANDEEP MEHTA

body2019
JUDGMENT Sandeep Mehta, J. - Heard learned counsel for the applicant-appellant and learned Public Prosecutor on the application for suspension of sentences. 2. The applicant-appellant has been convicted for offence under Section 8/15 (B) of NDPS Act and sentenced to undergo imprisonment of eight years vide judgment dated 19.11.2019 passed by learned Additional Sessions Judge (NDPS Act Cases), (Addl. Sessions Judge, Jaitaran, District Pali), in Sessions Case No.67/2013 (53/16) (CIS No.54/16). 3. As per the order-sheets of the trial court, the applicantappellant who was arrested in this case on 07.01.2013 is continued to remain in custody throughout the trial. Thus, he has suffered imprisonmetn of nearly 6 years and 11 months. The maximum sentence awarded to the appellant by the trial court is eight years. While concluding the case by the impugned judgment, the trial court held that the prosecution could not prove the factum of recovery of entire consignment of poppystraw which was claimed to be 514 Kgs. 4. Thus, upon a consideration of the arguments advanced on behalf of the appellant, learned Public Prosecutor and having regard to the facts and circumstances as available on the record, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused appellant during pendency of the instant appeal. 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 Act Cases) (Addl. Sessions Judge, Jaitaran), District Pali vide judgment dated 19.11.2019 in Sessions Case No.67/2013 (53/16) (CIS No.54/16) against the appellant-applicant Radheyshyam @ Pappu S/o Shri Shankarlal 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.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 17.01.2020 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 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. 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.