Nathu Lal vs State of Rajasthan

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

By the instant application under Section 389 Cr.P.C., applicant-appellant has craved for suspending the sentence handed down by Special

Judge, NDPS Cases No.1, Chittorgarh (for short, ''learned trial Court''), by its verdict dated 08.12.2017. Learned trial Court, by the aforesaid

verdict, convicted the applicant-appellant for offence under Section 8/18(c) of the NDPS Act and handed down sentence of three years'' rigorous

imprisonment with fine of Rs.50,000/-and in default of payment of fine to further undergo sentence for nine months'' rigorous imprisonment.

It is submitted by learned counsel that applicant-appellant has been handed down a short sentence of three years. It is further submitted by

learned counsel for the appellant that during trial appellant was on bail. Lastly, learned counsel has submitted that final decision of the appeal is

likely to take considerable time, and, therefore it would not be appropriate to keep applicantappellant under further incarceration.

Learned Public Prosecutor has vehemently opposed the application for suspension of sentence.

Having regard to the facts and circumstances of the case and considering the short sentence awarded, I feel inclined to accept this application

for suspension of sentence.

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 learned Special Judge, NDPS Cases No.1, Chittorgarh, vide judgment dated 08.12.2017, in Sessions Case No.46/2005 against appellant-

applicant, Nathu Lal S/o Lalu @ Lalaram, 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/- with two sureties of Rs.25,000/-each including one local surety to the satisfaction

of the learned trial Judge for his appearance in this Court on 05.03.2018 and whenever ordered to do so till disposal of the appeal, on the

conditions indicated below:-

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

That if the applicant 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(s), they will give in writing their changed address to the trial Court.

The learned trial Court shall keep the record of attendance of accused-applicant in a separate file. Such file be registered as Criminal Misc.

Case related to original case in which the accusedapplicant 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 purposes relating to pendency and disposal of cases in the trial court. In

case the said accused applicant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for

cancellation of bail.