Dinesh S/O Jagdish Vaishnav vs N.C.B., Jodhpur

Vijay Bishnoi, J

Heard learned counsel for the parties on S.B. Suspension of Sentence (Appeal) No.619/2020.

Learned counsel for the appellant has submitted that the appellant was convicted by the trial court for the offence punishable under Section 8/29 of the

NDPS Act and sentenced for 10 years of rigorous imprisonment along with fine. Learned counsel for the appellant has submitted that out of 10 years

of sentence, the appellant has already undergone more than 7 years. It is also submitted that final hearing of the appeal will take time.

Learned Special Public Prosecutor Mr. M.R. Pareek opposed the application for suspension of sentence.

Having heard learned counsel for the parties and taking into consideration the fact that the appellant has already undergone more than 7 years of

sentence out of total sentence of 10 years, I consider it just and proper to suspend the substantive sentence awarded to the accused appellant.

Accordingly, S.B. Suspension of Sentence (Appeal) No.619/2020 filed under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive

sentence passed by the trial court vide judgment dated 4.5.2019 in Sessions Case No.2/2015 against appellant Dinesh S/o Jagdish Vaishnav shall

remain suspended till final disposal of the aforesaid appeal, provided he executes a personal bond in the sum of Rs.50,000/- with two sureties of

Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 21.02.2022 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.