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2019 DIGILAW 748 (RAJ)

Goma Ram v. State, Through PP

2019-03-06

SANDEEP MEHTA

body2019
JUDGMENT 1. Heard learned counsel for the appellant-applicant and learned Public Prosecutor and perused the material available on record. 2. By way of the instant third application for suspension of sentences under Section 389 CrPC, the appellant-applicant Goma Ram seeks suspension of sentences awarded to him by learned Special Judge, NDPS Act Cases, Balotra District Barmer vide judgment dated 12.04.2017 in Sessions Case No. 16/2016 (89/2012). 3. The appellant-applicant Goma Ram has been incarcerated in prison for last 6 years and 11 months. He has been convicted and sentenced vide judgment dated 12.04.2017 for the charge that he was apprehended while carrying 6 kgs of contraband opium. 4. On a perusal of the order sheets of the file of the Criminal appeal, it is apparent that the same has not been taken up for hearing till date. In this background and considering the prolonged custody period suffered by the appellant-applicant Goma Ram and keeping in view the observations made by the Honble Supreme Court in the case of Thana Singh v. Central Bureau of Narcotics reported in (2013) 2 SCC 603 , this Court is of the opinion that the sentences awarded to the appellant-applicant deserve to be suspended. 5. Accordingly, the 3rd 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, Balotra, District Barmer vide judgment dated 12.04.2017 in Sessions Case No. 16/2016 (89/2012) against the appellant-applicant Goma Ram S/o Mohan Ram shall remain suspended till final disposal of the appeal and he shall be released on bail, subject to the condition that he shall deposit total amount of the fine imposed by learned trial court and upon his furnishing 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 09.04.2019 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. 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, 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.