Allowed

Ramavtar Meena S/O Shri Narayan Lal v. State of Rajasthan

Rajasthan HC9 Apr 2024SOSA/513/2024

Case brief

AI extract

What is this about?

Hon'ble High Court of Rajasthan allowed the application for suspension of sentence filed by appellants convicted under NDPS Act. Court ordered suspension pending appeal disposal subject to depositing fine, executing personal bond, and ensuring appearance in trial court.

What did the court decide?

Sentence suspended till final disposal of appeal; appellants to deposit fine, execute bond with sureties, and appear before trial court annually.

Ramavtar Meena S/O Shri Narayan Lal Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Bail (Suspension of Sentence) Application No.513/2024

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S.B. Criminal Appeal (SB) No. 621/2024

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Ramavtar S/o Shri Narayanlal, Aged around 46 Years, R/o Naradpura, P.S. Tunga, Jaipur ( Rajasthan).(Petitioner is Currently In Judicial Custody In Central Jail, Jaipur)

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Amritlal Bairwa S/o Shri Prasadilal, Aged around 58 Years, R/o Village Noganv, P.s. Sadar, Gangapur City, Dist. Sawai Madhopur(Rajasthan) (Petitioner Is Currently In Judicial Custody In Central Jail, Jaipur)

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----Appellants

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent

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For Appellant(s) : Mr. Satyam Khandelwal For Respondent(s) : Mr. Mahendra Meena, PP

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Order

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09/04/2024

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Counsel for the appellants submits that the appellants have been convicted for the offence punishable under Section 8/18 of the NDPS Act and a joint recovery of 1.8 KG opium has been effected at the instance of three accused persons. Counsel submits that the appellants were on bail during the course of trial and they are not having any criminal antecedents and they have not committed any similar offence. Counsel submits that the disposal of the

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[CRLAS-621/2024]

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(2 of 3)

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appeal is bound to take time, so the sentence of the appellants be suspended till disposal of the appeal.

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Per contra, learned Public Prosecutor has opposed the suspension of sentence application.

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Heard learned counsel for the appellant and learned Public Prosecutor and perused the material available on record.

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Considering the arguments put forward by the counsel for the appellants and looking to the fact that the maximum sentence awarded to the appellants is four years and they were on bail during the course of trial and looking to the fact that disposal of the appeal is likely to take time, therefore, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the accusedappellants.

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Accordingly, the application for suspension of sentence filed by the applicants under Section 389 Cr.P.C. is allowed and the sentence awarded by the Court of Special Judge, NDPS Cases, Jaipur Metropolitan (First) vide judgment dated 16.03.2024 in Sessions Case No.17/2017 against the appellants Ramavtar son of Narayanlal and Amritlal Bairwa son of Prasadilal shall remain suspended till final disposal of the aforesaid appeal, subject to the condition that the appellants shall deposit the fine amount, as imposed by the Trial Court and they shall be released on bail provided each of them execute 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 Court for appearance

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[CRLAS-621/2024]

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(3 of 3)

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before this Court on 10.05.2024 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-

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That they shall 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 applicants change the place of residence and mobile number, they will give in writing their changed address and mobile number 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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Appellants shall deposit a fine amount as imposed by the learned trial Court.

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The learned trial Court shall keep the record of attendance of the accused-appellants in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-appellants 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 accusedappellants do 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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(ANOOP KUMAR DHAND),J

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KuD/23

Ramavtar Meena S/O Shri Narayan Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ramavtar Meena S/O Shri Narayan Lal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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