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2021 DIGILAW 256 (RAJ)

Mohammad Arif v. State Of Rajasthan

2021-02-02

PUSHPENDRA SINGH BHATI

body2021
JUDGMENT 1. In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court. 2. Heard learned counsel for the parties and perused the impugned order. 3. Counsel for the appellants submit that there are no previous criminal antecedents against present appellants. 4. Counsel for the appellant further submits that both the appellants have undergone 07 years, 07 months and 16 days sentence, out of the total ten years' RI. He, therefore, prays that the sentence awarded to the appellants may be suspended during pendency of the present appeal. 5. Counsel for the appellant has relied upon the judgment of Hon'ble Apex Court in the cases of Thana Singh Vs. Central Bureau of Narcotics reported in (2013) 2 SCC as well as Mayuresh Nandkumar Purohit Vs. Kaushik Manna & Anr., reported in 2018 Cr. L.R. (SC) 251. 6. Learned Public Prosecutor opposed the application. 7. Having considered all the facts and circumstances of case, without making any observation on the merits of case, this Court is inclined to suspend the sentence of the appellant(s). 8. Accordingly, this application for suspension of sentences is allowed and it is directed that the sentences awarded to appellant/ s - (1) Mohammad Arif S/o Abdul Kareeb and (2) Durgsingh S/o Sh. Ramsingh by the learned Special Judge, NDPS Act Cases, Deedwana vide by his judgment dated 04.12.2020 in Sessions Case No.20/16 (54/13) remain suspended till final disposal of aforesaid appeal and they shall be released on bail subject to the condition that each of them shall deposit 50% of the fine amount imposed by the learned trial court, within four weeks, and upon their furnishing a personal bond in the sum of Rs. 1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of learned trial court for their appearance before this Court on 09.03.2021 and whenever called upon to do so till the disposal of the appeal on the conditions inidcated 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(s) to the trial court. 9. (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(s) to the trial court. 9. 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.