[2023:RJ-JD:32481] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application No.1282/2023 IN S.B. Criminal Appeal (Sb) No. 2131/2023 Vinod S/o Sh. Manna Lal, Aged About 26 Years, R/o- Nauganwa, P.s.- Arnod, District-Pratapgarh (Raj.). (At Presently Appellant Is Lodged In District Jail Pratapgarh)
----Appellant Versus State Of Rajasthan, Through Pp
----Respondent For Appellant(s) : Mr. Manish Pitaliya For Respondent(s) : Mr. Anees Bhurat, P.P.
HON'BLE MR. JUSTICE FARJAND ALI Order 04/10/2023
1. The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 21.09.2023 passed by the learned Special Judge, NDPS Cases, Pratapgarh in Special Session Case No.07/2018 whereby he was convicted and sentenced to suffer maximum imprisonment of 05 years under Section 8/15 of the NDPS Act.
2. It is contended on behalf of the applicant that the learned trial Judge has not appreciated the correct, legal and factual aspects of the matter and thus, reached at an erroneous conclusion of guilt, therefore, the same is required to be appreciated again by this court. Hearing of the appeal is likely to take long time, therefore, the application for suspension of sentence may be granted.
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[2023:RJ-JD:32481] (2 of 3) 3. Per contra, learned public prosecutor has vehemently
opposed the prayer made on behalf of the accused-applicant for releasing the petitioner on application for suspension of sentence.
4. Heard and perused the material available on record.
5. Considering the submissions of learned counsel for the parties and considering that the recovered contraband is below the de-marketed commercial quantity and for that the embargo contained under Section 32-A & 37 of NDPS Act are not applicable. Looking to the totality of facts and circumstances of the case, more particularly the facts/fact that the hearing of appeal is likely to take further more time and considering the overall submissions 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-petitioner.
6. Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentence passed by learned Special Judge, NDPS Cases, Pratapgarh who passed the impugned order 21.09.2023 in Special Session Case No.07/2018 against the petitioner-applicant- Vinod S/o Sh. Manna Lal 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 his appearance in this court on 03.11.2023 and (Downloaded on 12/11/2023 at 06:55:47 AM) [2023:RJ-JD:32481] (3 of 3) whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
(1) That he will appear before the trial Court in the month of January of every year till the appeal is decided.
(2) 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.
(3) Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.
(FARJAND ALI),J 58-Samvedana/-
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