Allowed

Rajulal v. State

Rajasthan HC24 Aug 2021SOSA/270/2020

Case brief

AI extract

What is this about?

This Court allowed S.B. Criminal Misc. SOSA No. 270/2020 filed by Rajulal seeking suspension of substantive sentence under Sec. 389 Cr.P.C. The Court imposed conditions including personal bond, attendance at summary trial, and reporting address changes, noting COVID-19 precautions.

What did the court decide?

Substantive sentence suspended subject to personal bond, sureties, appearance in summary trial in January 2022, written notice of address changes, and attendance record.

Rajulal Vs State — Bail and Remand | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 356/2021

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Abdul Abid S/o Abdul Kadir, Aged About 35 Years, By Caste Musalman, Resident Of Near Railway Crossing, Modak Station, Police Station Modak Dist. Kota. (At Present 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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Connected With

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 270/2020

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Rajulal S/o Sh. Prabhuram, Aged About 32 Years, By Caste Bairwa, R/o Dhabadeh, Police Thana Mandak, District Kota, Rajasthan. (At Present Lodged At Central Jail Jodhpur).

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----Petitioner

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State,Through Pp	Versus
	----Respondent
For Petitioner(s)	: Mr. AS Rathore. Mr. SR Godara.
For Respondent(s)	: Mr. Mohd.Javed,PP a/w Ms. Anita

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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24/08/2021

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In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

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In S.B. Criminal Misc Suspension Of Sentence Application

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(Appeal) No. 356/2021:-

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List after two weeks, as prayed.

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(2 of 4)

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[SOSA-356/2021]

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In S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 270/2020:-

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Heard learned counsel for the parties on the application seeking suspension of sentence.

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Counsel for the appellant submits that the appellant has completed total sentence of eight years, out of the total 15 years rigorous imprisonment. Counsel for the appellant further submits that there is likelihood of the appeal being heard at an early date, thus, prayed to suspend the sentence.

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Counsel for the appellant has shown the following judgments passed by this Court :-

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Kamlesh @ Komal Garg Vs. State of Rajasthan; (S.B. Criminal Misc. Third Suspension of Sentence Application (Appeal) No.467/2020, decided on 08.01.2021,

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Nirmal Singh S/o Jarnel Singh Vs. State of Rajasthan; (S.B. Criminal Misc. 5th Suspension of Sentence Application (Appeal) No.816/2019, decided on 25.08.2020,

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Pawan @ Shyamlal Sharma Vs. State of Rajasthan; (S.B. Criminal Misc. Third Suspension of Sentence Application (Appeal) No.23/2021, decided on 28.01.2021 and,

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Champa Ram Vs.State of Rajasthan ; (S.B. Suspension of Sentence Application (Appeal) No.517/2018, decided on 06.07.2018.

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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, in which the Hon’ble Court

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(3 of 4)

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[SOSA-356/2021]

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has released the appellant on completion of custody of 08 years in NDPS cases.

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Learned P.P. opposed the application.

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Having considered the totality of facts and circumstances of the case, this Court considers it just and proper to suspend the substantive sentence awarded to the accused applicant-appellant.

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Accordingly, S.B. Criminal Misc. Suspension Of Sentence Application No.270/2020 filed under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the trial court vide judgment dated 06.12.2019 in Sessions Case No.29/2016 (23/14) (CIS No.26/2016) against applicantappellant Rajulal S/o Sh. Prabhuram shall remain suspended till final disposal of the aforesaid appeal, provided he executes 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 27.09.2021 and whenever ordered to do so, till the 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 of every year till the appeal is decided.

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That if the appellant 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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Similarly, if the sureties change their address, 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 the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-

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(4 of 4)

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[SOSA-356/2021]

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appellant 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-appellant 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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(DR.PUSHPENDRA SINGH BHATI),J. 162-163-Jitender/Sphophaliya-

Rajulal v. State

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Rajulal v. State

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