Allowed

Babu Lal Son of Shri Maliram v. State of Rajasthan

Rajasthan HC1 Dec 2023SOSA/391/2022

Case brief

AI extract

What is this about?

The High Court allowed applications for suspension of sentence under Section 389 Cr.P.C. for two appellants convicted under the NDPS Act. Noting they have been in custody for over five years with bleak chances of early appeal disposal, the Court suspended their sentences and granted bail subject to a personal bond.

What did the court decide?

Sentence suspended till final disposal of appeals; appellants released on bail on personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each.

Babu Lal Son of Shri Maliram Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

¶1

[2023:RJ-JP:36984]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1686/2022

¶4

In S.B. Criminal Appeal No.296/2022

¶5

Kailash Son Of Jorawar Singh, Aged About 27 Years, Resident Of Prempura, Tehsil Phulera, Renwal, District Jaipur Rural (Rajasthan) (At Present Confined In District Jail, Baran)

¶6

----Appellant

¶7

Versus

¶8

State Of Rajasthan, Through P.P.

¶9

----Respondent

¶10

Connected With

¶11

S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 391/2022 In

¶12

S.B. Criminal Appeal No.565/2022

¶13

Babu Lal Son Of Shri Maliram, Aged About 27 Years, Resident Of Karad, Dantaramgarh, Police Station Dantaramgarh, District Sikar (Raj) (At Present In District Jail, Baran)

¶14

----Appellant

¶15

Versus

¶16

State Of Rajasthan, Through P.P.

¶17

----Respondent

¶18

For Petitioner(s)	: Mr. Rajveer Singh Gurjar
	Mr. Rajesh Kumar Sharma
For Respondent(s)	: Mr. Mangal Singh Saini, P.P.

¶19

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

¶20

Order

¶21

01/12/2023

¶22

The instant applications for suspension of sentence under Section 389 Cr.P.C. have been preferred on behalf of the applicantappellants, who have been convicted for the offences under Section(s) 8/15 of the NDPS Act and sentenced to undergo 11 years rigorous imprisonment with fine, vide judgment dated

[SOSA-1686/2022]

[2023:RJ-JP:36984]

(2 of 3)

09.02.2022 passed by learned Special Judge (NDPS Act cases), Baran in Sessions Case No.178/2018.

¶27

Heard learned counsel for the parties and perused the material available on record.

¶28

Learned counsel appearing for the applicant-appellants submits that the applicants are behind the bars since 15.06.2018. Counsel further submits that the learned Trial Court has not appreciated the facts and circumstances of the case holistically and the hearing of the appeals will take their own time, hence, the sentence awarded to the applicant-appellants may be suspended during the pendency of the appeals.

¶29

The appellants have remained in custody for more than five years. Hon’ble the Supreme Court had considered the concept of grant of bail on account of prolonged custody in the cases of Saudan Singh vs State of Uttar Pradesh {Petition for Special Leave to Appeal (Crl.) No.4633/2021 decided on 05.10.2021}, Satender Kumar Antil v. Central Bureau of Investigation & Ors. [MANU/SC/0851/2022] and Manohar Lal Ainani vs State of Rajasthan and Anr. {Petition for Special leave to Appeal (Crl.) No.2893/2021 decided on 15.11.2021} .

¶30

In the case of Manohar Lal (supra) , the custodial period of more than five years was considered sufficient to grant bail to the said accused. There are bleak chances of early disposal of the appeals and if the accused-appellants are not extended indulgence of bail, they are likely to serve out the sentence awarded to them

[2023:RJ-JP:36984]

[SOSA-1686/2022]

(3 of 3)

by the Trial Court. As a consequence, I am of the firm opinion that condition(s) of Section 37 of the N.D.P.S. Act, is duly satisfied.

¶35

In this background and having regard to the overall facts and circumstances of the case, this Court is of the opinion that these are the fit cases to enlarge the applicant-appellants on bail by suspending their sentence during the pendency of the appeals.

¶36

Accordingly, the instant applications for suspension of sentence filed under Section 389 Cr.P.C. are allowed and it is ordered that the sentence awarded by the learned Special Judge (NDPS Act cases), Baran in Sessions Case No.178/2018, against the applicant-appellants, namely Kailash Son Of Jorawar Singh & Babu Lal Son Of Shri Maliram, shall remain suspended till final disposal of the aforesaid appeals and they shall be released on bail, subject to the condition that each of them shall furnish 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 their appearance before this court on 10.01.2024 and whenever they are ordered to do so till the disposal of the appeals.

¶37

(VINOD KUMAR BHARWANI),J

¶38

SAURABH /18-19

Babu Lal Son of Shri Maliram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Babu Lal Son of Shri Maliram v. State of Rajasthan

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

Naveed Khan S/O Shri Babu Khan B/C Musalman Vs Reshma Bano W/O Naveed Khan D/O Babudeen Khan B/C Musalman Mansuri

Manju Devi W/O Shri Hemraj Prajapat Vs State of Rajasthan

Kavita Sharma Vs Rajendra Suthar

Tata Power Ajmer Distribution Limited Vs State of Rajasthan

Phoolwati W/O Shri Puran Lal B/C Jatav Vs State of Rajasthan through Pp

Naresh Meena S/O Ramdev Meena Vs State of Rajasthan