Allowed

Malaram v. State of Rajasthan

Rajasthan HC8 Jan 2019SOSA/1130/2018

Case brief

AI extract

What is this about?

The High Court allowed the third application for suspension of sentence filed by a narcotics convict. Considering the appellant had served over five years of a twelve-year sentence while his appeal remained pending, the court suspended the sentence subject to bail conditions, including depositing 50% of the fine and executing a personal bond, while adjourning a merit-based examination of procedura

What did the court decide?

Sentences suspended; appellant released on bail conditioned on depositing 50% of fine, executing personal bond, and attending trial court hearings.

Malaram Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Suspension Of Sentence(Appeal) No. 1130/2018

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S.B. Criminal Appeal No.1635/2017

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Malaram S/o Varingaram Vishnoi, Aged About 49 Years, Niwasi Karwara, Thana Karda, Distt. Jalore (Raj) (Presently lodged in Central Jail, Jodhpur)

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----Petitioner

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Versus

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State of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. M.L. Bishnoi For Respondent(s) : Mr. K.V. Vyas, Public Prosecutor

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HON'BLE MR. JUSTICE P.K. LOHRA

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Order

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08/01/2019

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This is third application for suspension of sentence by the accused applicant under Section 389 Cr.P.C.

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The learned trial Court, by the impugned judgment, convicted the appellant for offence under Section 8/15 as well as Section 8/18 of the N.D.P.S. Act and handed down concurrent sentence of 12 years’ rigorous imprisonment with fine of Rs.2,00,000/- for each offence, and in default of payment of fine to undergo sentence of 1 year rigorous imprisonment.

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The appeal was admitted and is pending since 2017.

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Earlier applications for suspension of sentence were dismissed on 29.01.2018 and 23.08.2018 respectively.

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(2 of 4)

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[SOSA-1130/2018]

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Pressing this third application for suspension of sentence, it is argued by learned counsel that solely on account of prolonged custody of the appellant, inasmuch as he has remained in custody for last 5 years and 5 months, out of total maximum concurrent sentence of 12 years’ imprisonment, his sentence may be suspended. It is also argued by learned counsel that barring conviction of the appellant in the instant matter there is no other criminal antecedent showing his involvement for offence under the N.D.P.S. Act. Learned counsel has further submitted that at the time of search and seizure, the Seizure Officer was not the posted S.H.O and he was A.S.I., therefore, search itself was in violation of Government order SO/115 dated 16.10.1986 but this aspect has not been examined by the learned trial Court below while indicting and sentencing the appellant for the aforesaid offences.

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Per contra, learned Public Prosecutor has vehemently opposed the third application for suspension of sentence. It is argued by learned Public Prosecutor that the petitioner was also involved in some other case for I.P.C. offences and the same is pending before competent Court.

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I have bestowed my consideration to the arguments and also perused the custody certificate. While it is true that appellant is convicted for offence under Sections 8/15 & 8/18 of the N.D.P.S. Act, but then out of total concurrent sentence of 12 years’ he has already remained in custody for 5 years and 5 months. The case which is relied upon by the learned Public Prosecutor pertains to some of the offences, which are triable by Magistrate and undeniably there is no other case wherein appellant is charge-

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(3 of 4)

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[SOSA-1130/2018]

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sheeted for an offence under the N.D.P.S. Act. The argument of the learned counsel for the appellant about violation of the Government order SO/115 aforesaid cannot be examined at this stage, because it can be trashed out at the time of final hearing of the appeal but then considering the fact that petitioner is in custody for last 5 years and 5 months, while refraining to make any comment on merits, I feel persuaded to accept this third application for suspension of sentence subject to certain conditions.

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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 learned Special Judge, N.D.P.S. Cases No.2, Chittorgarh, vide judgment dated 30.08.2017, in Sessions Case No.07/2017 against appellant-applicant, Malaram S/o Varingaram Vishnoi, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail upon depositing 50% of the fine amount before learned trial Court and on executing a personal bond in the sum of Rs.1,00,000/- with two sureties of like amount, each to the satisfaction of the learned trial Judge for his appearance in this Court on 08.02.2019 and whenever ordered to do so till disposal of the appeal, on the conditions indicated below:-

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That he will appear before the trial Court in the month of January every year till the appeal is decided.

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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.

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(4 of 4)

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[SOSA-1130/2018]

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Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

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The learned trial Court shall keep the record of attendance of accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accusedapplicant 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 purposes 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.

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(P.K. LOHRA),J

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123-AnilKC/-

Malaram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Malaram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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