Allowed

Vachna Ram v. State of Rajasthan

Rajasthan HC20 Jan 2022SOSA/77/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed an application for suspension of sentence under Section 389 Cr.P.C. The court held it was a fit case for suspending the sentence and releasing the appellant on bail upon execution of a personal bond with conditions regarding attendance and surerities.

What did the court decide?

Suspension of sentence ordered; appellant released on bail with execution of personal bond of Rs. 1,00,000/ and two sureties of Rs. 50,000/ each.

Vachna Ram Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2022)

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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. 77/2021

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Vachna Ram S/o Sh. Dhukha Ram, Aged About 30 Years, R/o Village Sewada, Karda Police Station, Dist. Jalore. (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. Vijay Raj Bishnoi, through VC For Respondent(s) : Mr. Gaurav Singh, PP

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS

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Order

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20/01/2022

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

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Learned counsel for the appellant submits that out of the total sentence awarded against the accused-appellant, he has already served sentence of 6 six years and 8 months. While relying upon the order dated 1.10.2021 passed in SB Cr. Misc. SoS Application No.683/2020, learned counsel for the appellant submits that in similarly situated case, benefit of bail has been granted to the accused-appellant. Learned counsel further urged that there is no criminal antecedents of the accused-appellant and disposal of the present appeal will consume time, therefore, the sentence awarded to the accused-appellant may be suspended

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Learned Public Prosecutor vehemently opposed the prayer made

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(2 of 3)

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[SOSA-77/2021]

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by the learned counsel for the accused-appellant.

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Upon a consideration of the arguments advanced on behalf of the

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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.

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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 the learned Special Judge, NDPS Act Cases, Bhinmal, District Jalore, vide judgment dated 11.1.2021 in Sessions Case No. 10/2016 against the appellant-applicant Vachna Ram S/o Dhukha Ram 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 21.2.2022 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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That he/she/they 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 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.

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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 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

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(3 of 3) [SOSA-77/2021]

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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.

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(MADAN GOPAL VYAS),J

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93-CPGoyal/-

Vachna Ram v. State of Rajasthan

Case brief

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Vachna Ram v. State of Rajasthan

Case brief

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