Kesharsingh Rajpoot (Jodha) vs State Of Rajasthan

This bail application has been filed under Section 389 of the Cr.P.C. for suspension of sentence awarded to the accused-appellant by the learned Special Judge, N.D.P.S. Cases, Pratapgarh vide judgment dated 13.09.2018 in Sessions Case No.06/2010, by which, the Special Judge has convicted and sentenced the accused-appellant for offence under Sections 8/15 of N.D.P.S. Act.

Learned counsel for the appellant states that the accused-appellant is in custody for more than five years and six months and no other case of similar nature is pending against him. The appellant is stated to be on bail during the course of trial. Learned counsel has placed reliance upon the judgments rendered in the case of Netram Vs. State of Rajasthan reported in 2014(2) WLN 394, in the said case also the samples were taken from all the bags and only two samples were sent for FSL and this Court enlarged the accused-persons on bail.

Learned Public Prosecutor opposed the bail application.

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 substantive sentence awarded to the accused-appellant.

Accordingly, the bail application filed by the appellant under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the earned Special Judge, N.D.P.S. Cases, Pratapgarh vide judgment dated 13.09.2018 in Sessions Case No.06/2010 against the accused-appellant Keshar Singh Rajput (Jodha) S/o Tej Singh Nagaur shall remain suspended till final disposal of the aforesaid appeal subject to depositing the fine amount and he shall be released on bail 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 before this court on 08.01.2020 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 addresses, 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 accused-appellant does not not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.