Rajasthan High Court - Jodhpur
Subash @ Rohit vs Union Of India (2025:Rj-Jd:18624) on 8 April, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:18624]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1710/2024
In
S.B. Criminal Appeal No.200/2024
Subash @ Rohit S/o Sh. Mahiram, Aged About 29 Years, R/o
Babalo Ka Bass, Fitkasni, Ps Kudi Bhagtasani, Dist. Jodhpur.
(Lodged In Central Jail Jodhpur)
----Petitioner
Versus
Union Of India, Through Ncb
----Respondent
For Petitioner(s) : Mr. Sanjay Bishnoi
For Respondent(s) : Mr. K.S. Nahar, Spl. PP, CBN
Mr. Gopal Singh
HON'BLE MR. JUSTICE FARJAND ALI
Order 08/04/2025
1. The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 06.11.2024 passed by the learned Special Judge, NDPS Act Case No.1, Chittorgarh in Sessions Case No.11/2022 whereby he was convicted and sentenced to suffer imprisonment of ten years SI along with a fine of Rs.1,00,000/- and in default to undergo one years' RI.
2. It is contended by the learned counsel for the appellant 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 (Downloaded on 25/04/2025 at 10:56:40 PM) [2025:RJ-JD:18624] (2 of 3) [SOSA-1710/2024] appreciated again by this court being the first appellate Court. The appellant was in jail for last more than three and half years; hearing of the appeal is likely to take long time, therefore, the application for suspension of sentence may be granted.
3. Per contra, learned public prosecutor has vehemently opposed the prayer made by learned counsel for the accused- applicant for releasing the appellant on application for suspension of sentence.
4. Heard learned counsel for the parties and perused the material available on record.
5. The applicant-appellant has served around three and half years out of ten years of sentence. Admittedly, when the vehicle was intercepted, no-one was apprehended since they fled away. The appellant is booked in this case on the basis of some indirect evidence and it is felt that to draw an inference of his guilt and his complicity in commission of crime, the same is further required to be analysed critically by this Court again being the first appellate Court. In view of the above and considering that hearing of the appeal would likely to take a long time and further considering the submission that he is in jail since his arrest, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-appellant.
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 trial court, the details of which are provided in the first para of this order, against the appellant- applicant named above shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail provided he (Downloaded on 25/04/2025 at 10:56:40 PM) [2025:RJ-JD:18624] (3 of 3) [SOSA-1710/2024] 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 15.05.2025 and 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 address(s), they will give in writing their changed address to the trial Court.
7. The learned trial Court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- applicant 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 applicant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(FARJAND ALI),J 75-mamta/-
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