Allowed

Mohan Lal v. Union of India through Special Pp- Cbn

Rajasthan HC10 Feb 2022SOSA/661/2020

Case brief

AI extract

What is this about?

In an application for suspension of sentence under Cr.P.C. 389, the Single Judge of the Rajasthan High Court at Jodhpur suspended the sentence and granted bail to the appellant, relying on Supreme Court guidelines regarding surrender of sentence.

What did the court decide?

Sentence suspended; bail granted on a personal bond of ₹1,00,000 with two sureties of ₹50,000 each.

Mohan Lal Vs Union of India through Special Pp- Cbn — Bail and Remand | Rajasthan HC (2022)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 661/2020

¶3

Mohan Lal S/o Sh. Bhairu Lal, Aged About 27 Years, B/c Meena, R/o Semal Kheri (Pipali Khera) P.s. Arnod District Pratapgarh (Raj.). (At Present Lodged In Central Jail, Udaipur).

¶4

----Petitioner

¶5

Versus

¶6

Union Of India Through Special Pp- Cbn, Through Special P.p. Cbn

¶7

----Respondent

¶8

For Petitioner(s) : Mr. ML Bishnoi For Respondent(s) : Mr. NK Rai, special PP for CBI

¶9

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

¶10

Order

¶11

10/02/2022

¶12

Heard learned counsel for the appellants and learned public prosecutor on application of suspension of sentence.

¶13

Learned counsel for the appellant submits that the accusedappellant has already undergone the sentence for a period of seven years and 10 months and that the Hon’ble Apex Court has issued the guidelines in a batch of criminal appeal led by Special Leave to Appeal (Crl.) No.4633/2021 : Saudan Singh Vs. State of UP in which it has been held that “We may note that there may be even convicts in custody in cases other than life sentence cases and in those cases again the broad parameter of 50 per cent of the actual sentence undergone can be the basis of bail”. Learned counsel for the accused-appellant relied upon orders dated 8.12.2021 passed in (SB Cr. SoS Application No.1133/2018 alongwith connected matters) dated 5.2.2022 passed in

¶14

(2 of 3)

¶15

[SOSA-661/2020]

¶16

(SB Cr. SoS Application No.35/2020) dated 2.2.2022 passed in (S.B. Cr. Misc. II SoS Appl. No.696/2021) and dated 14.1.2022 passed in (S.B. Cr. Misc. II SoS Appl. No.441/2021) by this Court relying upon the judgment of the Hon’ble Supreme Court in the case of Saudan Singh (supra). Therefore, learned counsel for the appellant submits that the sentence awarded to the accused-appellant may be suspended as the disposal of the appeal will consume time.

¶17

Learned Public Prosecutor vehemently opposed the prayer made by the learned counsel for the accused-appellant.

¶18

Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellant.

¶19

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 the learned Special Judge, NDPS Act Cases No.1, Chittorgarh, vide judgment dated 11.10.2017 in Sessions Case No.41/2014 against the appellant-applicant Mohan Lal S/o Bhairu Lal shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, 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 10.3.2022 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

¶20

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

¶21

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.

¶22

(3 of 3)

¶23

[SOSA-661/2020]

¶24

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

¶25

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 accusedapplicant(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.

¶26

(MADAN GOPAL VYAS),J

¶27

65-CPGoyal/-

Mohan Lal v. Union of India through Special Pp- Cbn

Case brief

What is this about?

What did the court decide?

Mohan Lal v. Union of India through Special Pp- Cbn

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Gurmeet Singh Vs Jaswant Kumar

Mere Khan @ Sattar Khan Vs State of Rajasthan

Rameshwar Vs State of Rajasthan

Sarajudeen Vs State

Rajendra @ Lala Vs State of Rajasthan

Debu Ram Vs State of Rajasthan