Gopal Lal vs State of Rajasthan

Heard learned counsel for the parties on suspension of sentence application.

Learned counsel for the petitioner has submitted that the petitioner has sentenced and convicted by the appellate court for having possession of 2.200 kgs. opium, which is below commercial quantity. It is also submitted that during the trial, the petitioner was on bail and at present he is in custody since 28.11.2019 and the hearing of the appeal will take time.

Learned Public Prosecutor has opposed the suspension of sentence application.

Having considered the totality of facts and circumstances of the case, I consider it just and proper to suspend the substantive sentence awarded to the accused petitioner.

Accordingly, this suspension of sentence application 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 28.11.2019 in Sessions Case No.04/2007 against petitioner Gopal Lal S/o Ganesh Lal Anjana 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 04.3.2020 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 petitioner 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-petitioner in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accusedpetitioner 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-petitioner does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.