High Court allowed suspension of sentence for two convicts under the NDPS Act. Court released them on personal and surety bonds pending disposal of their appeal against convictions for commercial quantity poppy husk.
Application for suspension of sentence allowed; appellants released on bail with personal bond of Rs. 2,00,000 and sureties of Rs. 1,00,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 197/2019
Gopa Ram S/o Sh. Babu Lal, Aged About 37 Years, B/c Darji , R/ o Aranay , Village Karda , Distt. Jalore At Present Nehru Colony, P.s. Sanchore , Distt. Jalore (Raj) (At Presently Lodged At Central Jail Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent Connected With
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 708/2020
Ashok Kumar S/o Ishra Ram, Aged About 35 Years, B/c Bishnoi, R/o Kanwa Ki Dhani, Karda, District Jalore. (Lodged In District Jail, Sirohi).
| State, Through Pp | ----Petitioner Versus |
|---|---|
| ----Respondent | |
| For Petitioner(s) | : Mr. Pradeep Shah Mr. ML Bishnoi with VijayRajBishnoi |
| For Respondent(s) | : Mr. Gaurav Singh,PP |
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
01/10/2021
Heard learned counsel for the appellant-applicants as well as learned Public Prosecutor, on application for suspension of sentences.
By the instant application preferred under Section 389 Cr.P.C., applicant-appellants have craved for suspending the
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sentences handed down by learned Special Judge, NDPS Cases Sirohi (for short, ‘learned trial Court’), by its verdict dated 07.05.2013 in Sessions Case No.06/2010. Learned trial Court, by the aforesaid verdict, convicted the applicant-appellants for offences under Section 8/15 of the NDPS Act.
Arguing on the application for suspension of sentences, it is submitted by learned counsel that the accused appellants were convicted for the offences punishable under Setion 8/15 of the NDPS Act by the learned Special Judge, Sirohi vide judgment dated 07.05.2013. The accused appellants are behind the bars since 6 years and 3 months, they have been convicted for the period of 10 years and penalty of Rs.1,00,000/- was also imposed. Learned counsel fruther submits that half of the sentence they have been undergone and the accused appellants are ready to pay half of the penalty amount before the learned trial Court. Learned counsel for the appellants further submits that hearing of the appeal will take time and there are good chances of success of the appeal. Therefore, the application for Suspension of Sentence may kindly be allowed.
Per contra learned Public Prosecutor has fervently and vehemently opposed the application for suspension of sentences and stated that 240 kg of poppy husk has been recovered in the present case, which is the commerical quantity but not controverted the fact that hearing of the appeal may take time.
Having regard the facts and circumstances of the case and particularly the fact that the accused appeallants are behind the bar for more than 6 years, which is half of the sentenced period
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and the accused appellants are also ready to deposit 50% of the penalty amount, which is Rs.50,500/-,before the learned trial Court, I feel inclined to accept this application for suspension of sentence.
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, NDPS Cases, Sirohi, vide judgment dated 07.05.2013, in Sessions Case No.06/2010 against appellant-applicants (1) Goparam S/o Shri Babulal and (2) Ashok Kumar S/o Ishra Ram shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail, provided they execute a personal bond in the sum of Rs.2,00,000/- each with two sound and solvent sureties of Rs.1,00,000/-each (one surety should be of a close or blood relative of the accused petitioner) to the satisfaction of the learned trial Judge for their appearance in this Court on 08.11.2021 and whenever ordered to do so till disposal of the appeal, on the conditions indicated below:-
The learned trial Court shall keep the record of attendance of accused-applicants in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-
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applicants 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 purposes relating to pendency and disposal of cases in the trial court. In case the said accused applicants dont appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(DEVENDRA KACHHAWAHA),J 268-NS/Hanuman/-
2 issues framed by the court
Whether to allow the application for suspension of sentence pending appeal under Section 389 CrPC in narcotics conviction cases.
Whether the release on bail conditioned on 50% penalty payment is appropriate for commercial quantity offenders serving half their sentence.
2 provisions across 2 enactments
Gopa Ram S/o Sh. Babu Lal
Ashok Kumar S/o Ishra Ram
State Of Rajasthan
Devendra Kachhawaha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
