HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No. 1216/2022
In
S.B. Criminal Appeal No. 1858/2022
Vijay Kumar S/o Late Hajararam, Aged About 34 Years, R/o
Village Raghuchak, P.s. Gaguwal District Samba, Jammu Kashmir
(At Present Confined In Central Jail, Jaipur)
----Appellant
Versus
State Of Rajasthan, Through P.p
----Respondent
For Appellant(s) : Mr. N.K. Meena
For Respondent(s) : Mr. S.S. Mahla, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
02/01/2023
Heard learned counsel for the accused appellant and learned Public Prosecutor on the application for suspension of sentence and perused the judgment impugned dated 06.09.2022 passed by learned Special Judge, NDPS Cases, Jaipur Metro-I whereby the accused appellant has been convicted for the offence punishable under sections 8/15 of NDPS Act and has been sentenced to maximum 7 years rigorous imprisonment along with fine of Rs. 70,000/- in default of payment of fine 6 months additional RI.
Learned counsel for the accused-appellants submits that a false case has been foisted against the appellant. The alleged recovery has not been made from the exclusive and conscious possessions of the appellant. The mandatory provisions of Act have not been complied with. The independent witnesses have not (Downloaded on 09/01/2023 at 11:37:51 PM) (2 of 3) [SOSA-1216/2022] supported the case of the prosecution and have turned hostile. The embargo contained in Sections 37 and 32A of NDPS Act is not attracted.
Learned Public Prosecutor vehemently opposes the prayer made by learned counsel for the accused-appellant.
The accused-appellant was on bail during the trial and presently is behind the bars and the hearing of appeal is likely to take further more time, therefore, considering the overall submissions and looking to the totality of facts and circumstances of the case while refraining from passing any comments on the niceties of the matter and the defects of the prosecution as the same may put an adverse effect on hearing of the appeal, 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 Cases, Jaipur Metro-I, vide judgment dated 06.09.2022 in Sessions Case No. 22/2018 against the appellant-applicant Vijay Kumar S/o Late Hajararam 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.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 04.02.2023 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.
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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.
(FARJAND ALI),J PREETI VALECHA /40 (Downloaded on 09/01/2023 at 11:37:51 PM) Powered by TCPDF (www.tcpdf.org)