HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Suspension Of Sentence(Appeal) No. 1033/2018

Sunil Kumar S/o Sh. Shiyokaran, Aged About 41 Years, B/c

Nayak , Niwasi Narsingh Colony Dubwali , P.t. Sangat , Distt.

Bhatinda , Punjab (Lodged In Central Jail , Bikaner)

----Petitioner

Versus

State, Through Pp

----Respondent

For Petitioner(s)

:

Mr. M.L. Bishnoi

For Respondent(s)

:

Mr. Deepak Choudhary, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA

Order

23/10/2018

Heard learned Counsel for the applicants-appellant and

learned Public Prosecutor on application for suspension of

sentences. Perused the material available on record.

Learned Public Prosecutor has submitted appellant’s custody

certificate as per which, he had suffered 06 years 2 months and

16 days imprisonment as on 04.10.2018. The investigating

officer’s factual report has also been submitted which indicates

that no other case under NDPS Act has been registered against

the appellant-applicant. The appellant-applicant has been

convicted by the Trial Court for the offence under Section 8/18 of

the NDPS Act and was sentenced to 12 years rigorous

imprisonment and fine. The appeal was preferred in the year

2016. However, till date it has not been listed for hearing even

once.

(2 of 3)

[SOSA-1033/2018]

Considering the large pendency of criminal appeals wherein

the accused are in custody, possibility of the appellants appeal

being heard in the near future is bleak. Thus, keeping in view the

order dated 13.10.2017 passed by the Hon’ble Supreme Court in

SLP No. 3316/2017 (Adam Khan Vs. Narcotics Control Bureau),

this Court is of the opinion that it is a fit case for suspending the

sentences awarded to the accused appellant.

Accordingly, the second application for suspension of

sentence filed under Section 389 Cr.P.C. is allowed and it is

ordered that the sentences passed by the learned Special Judge

(NDPS Cases), Hanumangarh, vide judgment dated 29.08.2016 in

Sessions Case No.01/2013 against the appellant-applicant Sunil

Kumar S/o Sheokaran Nayak, shall remain suspended till final

disposal of the aforesaid appeal and he shall be released on bail

subject to the condition that he shall deposit 50% amount of fine

and upon his furnishing 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 27.11.2018

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-1033/2018]

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.

(SANDEEP MEHTA)J.

Mamta/68