HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 24/2023 Rafiq S/o Gafur Ajmeri, Aged About 46 Years, Kachnara, P.s. Hatuniya, Dist. Partapgarh (Raj.). (Presently Lodged In Dist. Jail, Pratapgarh).
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. Ramesh Chandra Purohit, through VC Mr. Avinash Bhati For Respondent(s) : Mohd. Javed Gouri, PP HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order 30/01/2023 Learned Public Prosecutor accepts notice on behalf of State. Heard learned counsel for the appellant and learned Public Prosecutor on application for suspension of sentence No.24/2023.
Learned counsel for the appellant submits that the recovered contraband from the accused is below commercial quantity and the accused-appellant is behind the bars since long. Therefore, learned counsel for the appellant prays that the sentence awarded to the accused-appellant may be suspended.
Learned Public Prosecutor vehemently opposed the prayer made by the learned counsel for the accused-appellant.
Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances (Downloaded on 31/01/2023 at 10:41:30 PM) (2 of 3) [SOSA-24/2023] of the case, this Court is of the opinion that it is a fit case for suspending the sentence 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, NDPS Act Cases, District Pratapgarh, vide judgment dated 14.12.2022 in Special Sessions Case No.56/2018 against the appellant-applicant- Rafiq S/o Gafur Ajmeri 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 sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for their appearance in this Court on 27.02.2023 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.
The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered (Downloaded on 31/01/2023 at 10:41:30 PM) (3 of 3) [SOSA-24/2023] 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.
(MADAN GOPAL VYAS),J 134-neha/-
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