Allowed

Sita Ram v. State of Rajasthan

Rajasthan HC8 Mar 2023SOSA/501/2022

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the suspension of a 10-year sentence and fine imposed for violations of the NDPS Act. The appellant, who had served approximately six years and eight months, was granted suspension till the appeal's final disposal, contingent upon executing a bond with sureties and appearing at the trial court annually.

What did the court decide?

Suspension of the 10-year rigorous imprisonment and fine pending the final disposal of the appeal, conditioned upon the execution of a personal bond with two sureties.

Sita Ram Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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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. 501/2022

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Sita Ram S/o Sh. Jhunjar Lal, Aged About 34 Years, Sedara Karnali, P.s. Sitamau, Dist. Mandsore (M.p.). (At Present Lodged In Central Jail, Udaipur).

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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. Radheshyam Malviya, Present in
		person
		Mr. Ghnshyam Malviya, Present in
		person
For Respondent(s)	:	Mr. B. R. Bishnoi, PP

¶9

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

08/03/2023

Heard.

The instant application for suspension of sentence has been preferred by the appellant-applicant, who has been convicted and sentenced by the learned Special Judge, NDPS Cases No.2, Chittorgarh vide judgment dated 06.06.2017 in Sessions Case No.229/2014. The appellant-applicant has been sentenced as under :-

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Offence U/s	Sentence	Fine	Sentence in default of
			payment of fine
8/18 NDPS	Tenyears’ RI	Rs.2 Lakh	Oneyear RI

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Mr. Radheshyam Malviya, present in person, has argued that

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(2 of 3) [SOSA-501/2022]

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the appellant was convicted for the offence under Section 8/18 of the NDPS Act and sentenced for rigorous imprisonment of 10 years along with a fine of Rs.10,00,000/-. It is submitted that as on date, the appellant has already served out more than 6 years of sentence and hearing of the appeal is likely to take time, therefore, the sentence awarded to the appellant may be suspended.

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Learned Public Prosecutor has opposed this 3^rd application for suspension of sentence, however, he is not in a position to dispute the fact that as on date, the appellant has served out sentence of around 6 years and 8 months.

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Taking into consideration of the fact that out of total sentence of 10 years, the appellant has served out around 6 years and 8 months of sentence, I am inclined to suspend the sentence awarded to the appellant.

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Accordingly, this suspension of sentence application filed under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the learned Special Judge, NDPS Cases No.2, Chittorgarh vide judgment dated 06.06.2017 in Sessions Case No.229/2014 against appellant Sita Ram S/o Sh. Jhunjar Lal shall remain suspended till final disposal of the aforesaid appeal, provided he executes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 10.04.2023 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-

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(3 of 3) [SOSA-501/2022]

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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 accusedappellant 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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(VIJAY BISHNOI),J

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72-Arun/-

Sita Ram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sita Ram v. State of Rajasthan

Case brief

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What did the court decide?

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