Safal Moolak vs State
2021 Latest Caselaw 19070 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 645/2020

Safal Moolak S/o Chiradeen Hazi, Aged About 39 Years, By Caste Musalman, R/o 11 R.p Lakhuwali, P.s. Hanumangarh Town, Dist. Hanumangarh (At Present Lodged At Dist. Jail, Hanumangarh).

----Petitioner Versus State, Through Pp

----Respondent Connected With S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 162/2020 Allarakha S/o Umar Sadik, Aged About 32 Years, By Caste Musalman, R/o Ward No. 01, Lakhuwali, P.s. Hanumangarh Town, District Hanumangarh.

(At Present Lodged In Central Jail, Bikaner).

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Pankaj Kumar Gupta Mr. V.K. Bhadu For Respondent(s) : Mr. Gaurav Singh, P.P.

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order

15/12/2021

Heard learned counsel for the appellants as well as learned

Public Prosecutor on applications for suspension of sentence.

By the instant applications under Section 389 Cr.P.C.,

applicant-appellants have craved for suspending the sentence

(2 of 4) [SOSA-645/2020]

handed down by Special Judge, NDPS Cases, Hanumangarh (for

short, 'learned trial Court'), by its verdict dated 12.12.2019.

Learned trial Court, by the aforesaid verdict, punished the

applicant-appellants under Section 8/21 of the NDPS Act and

handed down sentence of 12 years' rigorous imprisonment with

fine of Rs.1,00,000/-and in default of payment of fine to further

undergo sentence for one year's rigorous imprisonment.

It is submitted by learned counsel that in the present case,

as per prosecution, 50 bottles of Corex Cough Syrup have been

recovered from the accused-appellants; benefit of bail has been

granted by co-ordinate Bench of this Court in S.B. Criminal Misc.

III Bail Application No.8986/2019 (Ashok Kumar Vs. State of

Rajasthan) on the basis of the judgment passed by Hon'ble Apex

Court in S.B. Criminal Misc. Second Bail Application No.9028/2018

on 04.07.2019 and the relevant portion was also reproduced by

co-ordinate Bench of this Court. It is further submitted by learned

counsel for the appellants that during trial appellants were on bail,

therefore, their sentence may be suspended.

Learned Public Prosecutor has vehemently opposed the

applications for suspension of sentence and stated that earlier

Hon'ble Apex Court in case of Union of India Vs. Rattan Mallik @

Habul passed in Criminal Appeal No.137/2009 vide judgment

dated 23.01.2009 remanded the matter back to the High Court for

fresh consideration of the application filed by the respondent for

suspension of sentence and for granting of bail keeping in view of

(3 of 4) [SOSA-645/2020]

the parameteres of Section 37 of the NDPS Act.

Having regard to the facts and circumstances of the case,

since order passed by co-ordinate Bench of this Court on the basis

of judgment of Hon'ble Apex Court later on 04.07.2019 and

having the identical circumstances and particularly the fact that

during trial accused-appellants were on bail. Therefore, upon

consideration of the arguments on behalf of learned counsel for

the appellants as well as learned Public Prosecutor, without

expressing any opinion on merits of the case, I am of the opinion

that restrictions contained in Section 37 of the NDPS Act did not

operate against the appellants, I feel inclined to accept both the

applications for suspension of sentence.

Accordingly, both the applications for suspension of sentence

filed under Section 389 Cr.P.C. is allowed and it is ordered that the

sentences passed by Special Judge, NDPS Cases, Hanumangarh,

vide judgment dated 12.12.2019, in Sessions Case No.08/2017

against appellant-applicants, (1) Safal Moolak S/o Chiradeen Hazi,

(2) Allarakha S/o Umar Sadik, shall remain suspended till final

disposal of the aforesaid appeals and they shall be released on

bail, provided each of them 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 17.01.2022 and whenever ordered to do so till disposal

of the appeals, on the conditions indicated below:-

(4 of 4) [SOSA-645/2020]

1. That they will appear before the trial Court in the month of January every year till the appeal is decided.

2. That if the applicants changes the place of residence, they will give in writing 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

accused-applicants in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

applicants 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 purposes relating to

pendency and disposal of cases in the trial court. In case the said

accused applicants do not appear before the trial Court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

(DEVENDRA KACHHAWAHA),J 17-18 Bharti/-

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