Dalip vs State Of Rajasthan

Rajendra Prakash Soni, J

S.B. Criminal Appeal No.2603/2023:-

Admit. Issue notice.

Learned Public Prosecutor accepts notice on behalf of the respondent-State, therefore, notice need not to be issued.

S.B. Criminal Misc. Bail (Suspension of Sentence) No. 1652/2023:-

Heard learned counsel for the appellant and learned Public Prosecutor on application for suspension of sentence.

Learned counsel for the accused-appellant submits that the contraband recovered from the appellant was of commercial quantity, the mandatory provisions under Section 50 of the NDPS Act and the proceedings under Section 52A of the NDPS Act was not complied with as inventory was not prepared by the Investigating Officer. It is further argued that the appellant was away himself to justify the ground to challenge the conviction and sentence. He further submits that no independent witness was produced, therefore, it was prayed to suspend the sentence during pendency of the appeal.

Learned Public Prosecutor has strongly objected the contentions raised by learned counsel for the appellant and argued that the appellant is indulged in illegal trade of contraband. He, therefore, prayed for rejection of the application for suspension of sentence.

Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused appellant.

Accordingly, the 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 Act Cases) (Additional Sessions Judge No.1), Nohar, District Hanumangarh, vide judgment dated 15.12.2023 in Sessions Case No.79/2019 against the accused-appellant Dalip S/o Shri Krishan Lal shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes a personal bond in the sum of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees: Twenty Five Thousand Only) each to the satisfaction of the learned trial Judge for his appearance in this court on 06.03.2024 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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

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.

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