An appellant's sentence may be suspended if they have already served a significant portion of their sentence, the appeal is likely to take a long time to be heard, and the appellant has not been involved in any other criminal activity while in prison.

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc Suspension Of Sentence Application (Appeal)

No. 541/2021

Shrawan Kumar S/o Gopa Ram, Aged About 48 Years, B/c

Bishnoi, R/o Village Anwaran, Kherapa Police Station, Dist.

Jodhpur. (Lodged In Central Jail, Jodhpur).

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s)

:

Mr. B.Ray Bishnoi, through VC

For Respondent(s)

:

Mr. Anees Bhurat, PP

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

06/01/2022

Heard the learned counsel for the parties on the third

application for suspension of sentence.

Counsel for the appellant submits that the appellant is inside

the judicial custody and till date he has served more than eight

years of sentence, out of total sentence of twelve years rigorous

imprisonment. Counsel further submits that hearing of the appeal

will taken sufficient long time, therefore the sentence of the

appellant may kindly be suspended and he may be released on

bail.

Per contra, learned Public Prosecutor concurs the fact that

the appellant is inside the jail for more than eight years, however,

he submits that looking to the gravity and nature of offence, the

sentence of the appellant may not be suspended.

(2 of 3)

[SOSA-541/2021]

Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

of the case including the fact that the appellant is inside the

judicial custody for more than eight years, out of total sentence of

twelve years rigorous imprisonment, this Court is of the opinion

that it is a fit case for suspending the substantive sentences

awarded to the accused appellant.

Accordingly, the third application for suspension of sentence

filed under Section 389 Cr.P.C. is allowed and it is ordered that the

substantive sentences passed by the learned Special Judge, NDPS

Act Cases, Jodhpur vide judgment dated 14.06.2017 in Sessions

Case No.100/2013 against the appellant-applicant Shrawan Kumar

Vs. Gopa Ram shall remain suspended till final disposal of the

aforesaid appeal and he shall be released on bail subject to

deposit the fine amount as imposed by the learned trial Court,

provided he executes 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 his appearance in this court on 07.02.2022

and whenever ordered to do so till the disposal of the appeal on

the conditions indicated 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 to

the trial Court.

(3 of 3)

[SOSA-541/2021]

4.

Appellant shall deposit the fine amount as

imposed by the learned trial Court.

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.

(MANOJ KUMAR GARG),J

142-MS/-