Mohd. Hussain vs State
2021 Latest Caselaw 19488 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR.

.....

S.B. Criminal Appeal No. 1278/2021.

Mohd. Hussain S/o Shri Peer Mohammed, aged 43 years, R/o

Badhakhedi, Nayi Abadi, PS YD Nagar, Dist. Mandsor, Madhya

Pradesh.

(At Present Lodged In Dist. Jail, Pratapgarh).

----Appellant Versus State of Rajasthan through PP

----Respondent

For Appellant(s) : Mr. Ramesh Purohit.

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

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

20/12/2021

Heard learned counsel for the appellant 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. 885/2021).

Learned counsel for the appellant stated that the accused-

appellant was convicted for the offence punishable under Section

(2 of 3) [CRLAS-1278/2021]

8/21 of the NDPS Act for a period of one year rigorous

imprisonment with a fine of Rs. 10,000/-, in default of payment of

fine to undergo additional one month imprisonment; that as per

the prosecution, in the present case, total 05.30 grams brown

sugar with the polythene bag was recovered from the accused-

appellant which is below commercial quantity; that as per

paragraph number 18 of the impugned judgment, during trial of

the case, the accused-appellant was 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 appellant-applicant 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 applicant-appellant was 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 applicant-appellant deserves to be enlarged on

bail.

Accordingly, the application for suspension of sentence (SoSA

No. 885/2021) 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, Pratapgarh, Rajasthan vide judgment and order

dated 16.12.2021 in Sessions Case No. 14/2021 against the

appellant-applicant, Mohd. Hussain S/o Peer Mohammed, shall

(3 of 3) [CRLAS-1278/2021]

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. 1,00,000/- with two sound and solvent sureties of

Rs. 50,000/- each (out of which, one surety shall be of local

resident of State of Rajasthan) 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 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 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 S/164-Mohan/-

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