Naru vs State Of Rajasthan
2021 Latest Caselaw 19429 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

....

S.B. Criminal Appeal No. 1287/2021

1. Naru S/o Gaffur Khan Musalmaan, aged about 29 years, r/o Kachhi Basti Gandhinagar Chittorgarh, P.S. Kotwali Chittorgarh, District Chittorgarh.

2. Rafiq S/o Farid Khan Musalmaan, aged about 28 years, r/o Sarsoda, P.S. Ringnod, District Ratlam (M.P.) at present Kachhi Basti Gandhinagar Chittorgarh, P.S. Kotwali Chittorgarh, District Chittorgarh.

(At Present Lodged at Central Jail, Udaipur).

----Appellants Versus State Of Rajasthan through PP

----Respondent

For Petitioner(s) : Mr. Abhishek Charan. For Respondent(s) : Mr. Sumer Singh Rajpurohit, PP.

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

20/12/2021

Heard learned counsel for the appellants as well as learned

Public Prosecutor. Perused the material available on record.

Admit. Issue notice.

Learned Public Prosecutor accepts notices on behalf of the

respondent - State of Rajasthan. Hence, notices need not be

issued.

Send for the record.

Heard learned counsel for the parties on the application

seeking suspension of sentences (SoSA No. 894/2021).

(2 of 3) [CRLA-1287/2021]

Learned counsel for the appellants stated that the accused-

appellants were convicted for the offences punishable under

Section 8/18 of the NDPS Act for a period of three years' rigorous

imprisonment with a fine of Rs.20,000/-, in default of payment of

fine to undergo additional three months imprisonment; that in the

present case, total 700 grams opium was recovered from the

accused-appellants which is below commercial quantity; that as

per paragraph number 32 of the impugned judgment, during trial

of the case, the accused-appellants were on bail;that hearing of

the appeal will take time, therefore, it has been prayed that the

application seeking suspension of sentences may kindly be allowed

and the appellants-applicants be enlarged on bail.

Per contra, learned Public Prosecutor has opposed the

application seeking suspension of sentences. However, he does not

wish to file reply to the application.

Having regard to the facts and circumstances of the case,

particularly to the facts that the recovered quantity is below

commercial quantity; that the applicants-appellants were on bail

during the trial of the case; that hearing of the appeal will take

sufficiently long time, therefore, without expressing any opinion

on the merits/demerits of the case, this Court is of the opinion

that the application seeking suspension of sentences deserves to

be allowed and the applicants-appellants deserve to be enlarged

on bail.

Accordingly, the application for suspension of sentence (SoSA

No. 894/2021) filed under Section 389 Cr.P.C. is allowed and it is

ordered that the sentences passed by the learned Special Judge,

N.D.P.S. Cases No. 2, Chittorgarh vide judgment and order dated

15.12.2021 in Sessions Case No. 13/2017 against the appellants-

(3 of 3) [CRLA-1287/2021]

applicants, (1) Naru S/o Gaffur Khan Musalmaan (2) Rafiq S/o

Farid Khan Musalmaan, shall remain suspended till final disposal of

the aforesaid appeal and they shall be released on bail, provided

they execute a personal bond in the sum of Rs. 1,00,000/- with

two sound and solvent sureties of Rs. 50,000/- each to the

satisfaction of the learned trial Judge for their appearance in this

Court on 21.01.2022 and whenever ordered to do so till the

disposal of the appeal on the conditions indicated below:-

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

2. That if the applicants change 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

the 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 purpose 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 Today Suppl.-Mohan/-

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