Dinesh vs Union of India

Heard learned counsel for the parties on the fifth suspension of sentence application.

Learned counsel for the appellant-applicant has submitted that a Coordinate Bench of this Court vide order dated 01.03.2021 passed in S.B. SOSA

No.702/2020 has suspended the substantive sentence of co-accused Surendra Singh. Learned counsel for the appellant-applicant, makes a statement

at bar that the appellant has no criminal case registered against him other than the present one. He submits that the appellant-applicant is ready to

deposit the fine amount, if his substantive sentence is suspended by this Court.

Learned Special Public Prosecutor has opposed the prayer of the appellant-applicant, however, is not in a position to dispute the fact that the

substantive sentence of the co-accused Surendra Singh has already been suspended by a Co-ordinate Bench of this Court vide order dated

01.03.2021.

Having considered the totality of facts and circumstances of the case, I consider it just and proper to suspend the substantive sentence awarded to the

accused appellant.

Accordingly, this suspension of sentence application filed under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by

the learned Special Judge, NDPS Act cases, Bhilwara vide judgment dated 23.12.2016 in Case No. 02/2016 against appellant Dinesh S/o

Hadmanaram shall remain suspended till final disposal of the aforesaid appeal, provided he deposits the amount of fine imposed upon him, i.e.

Rs.1,00,000/-, in the trial court and further executes a personal bond in the sum of Rs.2,00,000/- with two sound and solvent sureties of Rs.1,00,000/-

each to the satisfaction of the learned trial Judge for his appearance in this court on 01.04.2021 and whenever ordered to do so, till the disposal of the

appeal on the conditions indicated below:-

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

That if the appellant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the

High Court.

Similarly, if the sureties change their address, 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-appellant in a separate file. Such file be registered as Criminal Misc. Case

related to original case in which the accused- appellant 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-appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of

bail.