Satya Narain @ Sattu vs State Of Rajasthan

Kuldeep Mathur, J

Heard.

Admit. Issue notice.

Learned Public Prosecutor puts in appearance on behalf of the respondent (State), therefore, notices need not to be issued.

Send for the record.

Heard learned counsel for the appellant-applicant, learned Public Prosecutor and learned counsel appearing on behalf of the complainant, on application (No.385/2022) for suspension of sentences.

Learned Public Prosecutor does not want to file the reply on the application for suspension of sentences.

By the instant application preferred under Section 389 Cr.P.C., appellant-applicant has craved for suspending the sentences handed down by learned Special Judge, NDPS Act Cases, No.1, Chittorgarh (for short, ‘learned trial Court’), by its verdict dated 25.04.2022 in Sessions Case No.30/2007. Learned trial Court, by the aforesaid verdict, convicted the appellant-applicant for offence punishable under Section 8/15-B of the NDPS Act.

Arguing on the application for suspension of sentences, it is submitted by learned counsel that as per the impugned judgement, recovered contraband is below commercial quantity; appellant-applicant has been handed down a short sentence of two years’ Rigorous Imprisonment with a fine of Rs.20,000/-; during the trial, appellant-applicant remained on bail; final decision of the appeal is likely to take considerable time, and, therefore it would not be appropriate to keep appellant-applicant under further incarceration.

Per contra learned Public Prosecutor has opposed the application for suspension of sentences of the appellant-applicant.

Accordingly, the application for suspension of sentence (No.385/2022) filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by learned Special Judge, NDPS Act Cases, No.1, Chittorgarh by its verdict dated 25.04.2022 in Sessions Case No.30/2007 against appellant-applicant, Satya Narain @ Sattu S/o Mathura Jat, 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.1,00,000/- with two sound and solvent sureties of Rs.50,000/-each to the satisfaction of the learned trial Judge for his appearance in this Court on 15.07.2022 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 accused- applicant 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.