Allowed

Hari S/O Kalyan v. State of Rajasthan

Rajasthan HC8 May 2024SOSA/541/2024

Case brief

AI extract

What is this about?

The High Court suspended the sentence of appellants convicted under the NDPS Act, who had been in custody for over five years. Relying on Supreme Court precedents regarding prolonged incarceration, the Court held that the conditions of Section 37 of the NDPS Act were satisfied and granted bail during the pendency of the appeal.

What did the court decide?

Sentence suspended till final disposal of appeal; appellants released on bail subject to furnishing personal bond of Rs. 1,00,000 with two sureties of Rs. 50,000 each.

Hari S/O Kalyan Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JP:21739]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 541/2024

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S.B. Criminal Appeal No.2991/2023

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Hari S/o Kalyan, Aged About 32 Years, R/o Village Holirada, Ps Kotdi, Distt. Bhilwara (Raj.) (At Present Confined At Central Jail, Kota)

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Babu Lal S/o Amra, Aged About 25 Years, R/o Village Holi Rada P.s. Kotdi, District Bhilwara Rajasthan (At Present Confined At Central Jail, Kota)

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----Appellants

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Versus

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State Of Rajasthan, Through Public Prosecutor

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----Respondent

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For Appellant(s) : Mr. Majhar Hussain For Respondent(s) : Mr. Riyasat Ali, P.P.

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HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

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Order

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08/05/2024

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The instant application for suspension of sentence under Section 389 Cr.P.C. has been preferred on behalf of the applicantappellants, who have been convicted for the offences under Section(s) 8/18(b) of the NDPS Act and sentenced to undergo twenty years rigorous imprisonment with fine, vide judgment dated 14.07.2023 passed by learned Court of Special Judge, NDPS Cases, Kota, in Sessions Case No.55/2018.

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

[2024:RJ-JP:21739]

[SOSA-541/2024]

(2 of 3)

Learned counsel appearing for the applicant-appellants submit that the applicants were on bail during trial and they are behind the bars from last more than five years. Counsel further submits that there are contradiction in the statements of the witnesses and the samples have been taken by the Seizure Officer after mixing all the bags. The learned Trial Court has not appreciated the facts and circumstances of the case holistically and the hearing of the appeal will take its own time, hence, the sentence awarded to the applicant-appellants may be suspended during the pendency of the appeal.

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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 in the case of Manohar Lal Ainani vs State of Rajasthan and Anr. {Petition for Special leave to Appeal (Crl.) No.2893/2021 decided on 15.11.2021}, the custodial period of more than five years was considered sufficient to grant bail to the said accused.

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There are bleak chances of early disposal of the appeal and if the accused are not extended indulgence of bail, they are likely to serve out the sentence awarded to them 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.

(3 of 3)

[2024:RJ-JP:21739]

[SOSA-541/2024]

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

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Accordingly, the instant application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentence awarded by the learned Court of Special Judge, NDPS Cases, Kota, in Sessions Case No.55/2018 against the applicant-appellants, namely Hari S/o Kalyan & Babu Lal S/o Amra, shall remain suspended till final disposal of the aforesaid appeal 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 10.06.2024 and whenever ordered to do so till the disposal of the appeal.

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(VINOD KUMAR BHARWANI),J

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SAURABH /65

Hari S/O Kalyan v. State of Rajasthan

Case brief

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Hari S/O Kalyan v. State of Rajasthan

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