HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Second Suspension Of Sentence Application (Appeal) No. 1500/2024 Kedar Sharma S/o Shri Jevan Lal Sharma, Aged About 48 Years, Resident Of Gram Kakda Police Thana Deeg Dist. Bharatpur (Rajasthan) At Present Confined At District Jail Dausa ----Petitioner Versus State of Rajasthan, through P.P ----Respondent For Petitioner(s) : Mr. Jitendra Singh For Respondent(s) : Mr. Amit Punia, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN O R D E R DATE OF PRONOUNCEMENT:- 30/01/2025 1. The instant second application for suspension of sentences under Section 389 CrPC has been preferred on behalf of the appellant-applicant who has been convicted & sentenced vide judgment dated 25.06.2014 passed by learned Special Judge, NDPS Cases, Alwar in Sessions Case No.05/2011 as follows:- Offence under Section Imprisonment Default sentence 8/15 of NDPS Act 5 Years’ RI with fine of Rs.50,000/- In default of payment of fine, to further undergo 1 Month’s additional RI 2. Heard learned counsel for the appellant-applicant, learned Public Prosecutor and perused the material available on record. (2 of 4) [SOSA-1500/2024] 3. Vide order dated 31.08.2017 passed in S.B. Criminal Misc. Bail (SOS) Application No.972/2017, the sentences awarded to the appellant by the learned trial court was suspunded subject to furnishing personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of learned trial court to the effect that he would appear before this Court on 18.09.2017 and thereafter whenever called upon to do so. On 07.08.2018, the appellant appeared before the Court and his presence was marked before Deputy Registrar (Judicial). Thereafter, a letter dated 09.11.2020, sent by learned District & Sessions Judge, Alwar was received wherein it was stated that the appellant did not appear before the learned trial court in the month of January, 2019. Vide order dated, 14.08.2023, the order of suspension of sentence dated 31.08.2017 was recalled and warrant of arrest was issued against him. On 04.07.2024, in execution of warrant of arrest, the appellant was arrested and produced before this Court whereupon, he was taken into custody to serve the sentence. Hence, the instant second application for SOS has been filed on behalf of the appellant. 4. Learned counsel for the appellant submits that the absence of the appellant before the learned trial court was unintentional. He submits that as per the material available on record, it is apparent that the appellant appeared and marked his presence before this Court as well as learned trial court in the year 2018. Thereafter, due to some unavoidable circumstances, he could not apper and mark his presence. However, henceforth, the appellant would appear before this Court and learned trial court as and (3 of 4) [SOSA-1500/2024] when called upon to do so and would not disobey any direction of this Court. He also argues that the appellant has already served substantive part of the period of sentence that is to say he has already served more than three and half years of sentence out of five years of sentence awarded to him by the learned trial court. There are bleak chances of early hearing of the appeal. He thus, craves indulgence of bail during pendency of the appeal. 5. Learned Public Prosecutor opposes the submissions advanced by the appellant's counsel. 6. I have given my thoughtful consideration to the submissions advanced at bar and perused the material available on record. 7. Till date, the appellant has served more than three and half years of sentence and there are bleak chances of early disposal of the appeal. Prolonged incarceration, generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution of India. Thus, having regard to the totality of facts and circumstaces of the case; considering the arguments advanced at bar and in the interest of justice, I am of the considered opinion that instant application for suspension of sentence deserves accetance. 8. In this background, and having regards to the facts and circumstances of the case, I am inclined to suspend the sentences awarded to the appellant. Accordingly, the instant second application for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentence of imprisonment passed by learned Special Judge, Alwar vide the (4 of 4) [SOSA-1500/2024] judgment dated 25.06.2014 in Sessions Case No.05/2011 against the appellant-applicant Kedar Sharma S/o Shri Jevan Lal Sharma 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/- and 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 28.02.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided. 2. 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. 3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. 9. 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. (ANIL KUMAR UPMAN),J LALIT MOHAN /752