The court has the discretion to suspend the sentence of appellants during the pendency of the appeal and allow their release on bail with specific conditions.

JUDGMENT

1. In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

2. Learned counsel for the petitioner has shown the following judgment passed by this Court :-

Kamlesh @ Komal Garg Vs. State of Rajasthan; (S.B. Criminal Misc. Third Suspension of Sentence Application (Appeal) No.467/2020, decided on 08.01.2021,

Nirmal Singh S/o Jarnel Singh Vs. State of Rajasthan; (S.B. Criminal Misc. 5th Suspension of Sentence Application (Appeal) No.816/2019, decided on 25.08.2020,

Pa wan @ Shyamlal Sharma Vs. State of Rajasthan; (S.B. Criminal Misc. Third Suspension of Sentence Application (Appeal) No.23/2021, decided on 28.01.2021 and,

Champa Ram Vs.State of Rajasthan; (S.B. Suspension of Sentence Application (Appeal) No.517/2018, decided on 06.07.2018.

3. Counsel for the appellants further submits that both the appellants have undergone 08 years, 07 months and 28 days sentence, out of the total 15 years' RI. He, therefore, prays that the sentence awarded to the appellants may be suspended during pendency of the present appeal.

4. Counsel for the appellants has relied upon the judgment of Hon'ble Apex Court in the cases of Thana Singh Vs. Central Bureau of Narcotics reported in (2013) 2 SCC as well as Mayuresh Nan Kumar Purohit Vs. Kaushik Manna & Anr., reported in 2018 Cr. L.R. (SC) 251, in which, the Hon'ble Court has released the petitioner on completion of custody of 8 years in NDPS cases.

5. Learned Public Prosecutor opposed the application.

6. Heard learned counsel for the parties and perused the impugned order.

7. Having considered all the facts and circumstances of case, without making any observation on the merits of case, this Court is inclined to suspend the sentence of the appellant(s).

8. Accordingly, this application for suspension of sentence No.900/2020 is allowed and it is directed that the sentences awarded to appellants - (1) Laxmanlal S/o Hemaji and (2) Devilal S/o Ekaji by the learned Special Judge, NDPS Act Cases, Sirohi vide judgment dated 10.12.2020 in Criminal Original CaseNo.12/2012 (23/2014) remain suspended till final disposal of aforesaid appeal and they shall be released on bail subject to the condition that each of them shall deposit 50% of the fine amount imposed by the learned trial court, within four weeks, and upon their furnishing a personal bond in the sum of Rs. 1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of learned trial court for their appearance before this Court on 09.03.2021 and whenever called upon to do so till the disposal of the appeal on the conditions inidcated below:-

(1) That he/she/they will appear before the trial court in the month of January of every year till the appeal is decided.

(2) 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.

(3) Similarly, if the sureties change their address(s), they will give in writing their changed address(s) to the trial court.

9. 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 accused-applicant(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 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.