Rajkumar @ Dinesh vs Uoi

Heard learned counsel for the appellant/applicant and

learned Public Prosecutor on application for suspension of

sentence. Perused the record.

The accused appellant is reported to be in custody in this

case for last more than 9 years 4 months. The substantive

sentence awarded to the appellant is 10 years. The hearing of the

appeal is unlikely in the near future.

In this background 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, N.D.P.S. Act

Cases, Chittorgarh, vide judgment dated 15.12.2016 in Special

Case No.13/2008 against the appellant-applicant Rajkumar @

Dinesh, 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.80,000/- with two sureties of

Rs.40,000/- each to the satisfaction of the learned trial Judge for

his appearance in this court on 25.4.2017 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/were 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.