Abdul Abid vs State Of Rajasthan
2021 Latest Caselaw 16883 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S. B. Criminal Misc. Suspension of Sentence Application (Appeal) No. 356/2021

Abdul Abid S/o Abdul Kadir, aged about 35 years, By caste Musalman, Resident of Near Railway Crossing, Modak Station, Police Station Modak, District Kota.

(At present lodged in Central Jail, Jodhpur).

----Petitioner Versus State of Rajasthan

----Respondent

For Petitioner(s) : Mr. Bhagirath Ray Bishnoi For Respondent(s) : Mr. Laxman Solanki, P.P.

HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

12/11/2021

The appellant has been convicted and sentenced as below

vide Judgment dated 06.12.2019 passed by Special Judge,

N.D.P.S. Cases (Additional Sessions Judge) Jaitaran, District Pali in

Sessions Case No. 29/2016 (23/2014) :-

Offence                   Sentences             Fine               Fine
                                                                   Default
                                                                   sentences
U/s 8/15 r/w Section 15 years R.I.              Rs.2,00,000/- 6 months
25 & 29 of N.D.P.S.
Act.

The appellant has moved this application under Section 389

Cr.P.C. seeking suspension of sentences awarded to him by the

trial court.

(2 of 4) [SOSA-356/2021]

Learned Public Prosecutor has not chosen to file reply to the

application for suspension of sentences and proposes to argue the

matter orally.

Heard learned counsel for the appellant and learned Public

Prosecutor and perused the impugned judgment and original

record of the case.

Learned counsel for the appellant submits that the recovery

of narcotic substance was not made from the possession of the

appellant. He was convicted without any evidence on record. He

further submits that as per the prosecution story, the narcotic

substance was loaded at the behest of the appellant but there was

no evidence on record in this regard. The appellant was not

owner of the vehicle, from which the contraband poppy straw was

recovered. The registered owner of the vehicle was Mahfooj

Aalam. The appellant was involved in this case on the basis of so-

called power of attorney executed by Mahfooj Aalam in favour of

the appellant. He further submits that the trial court erred in

convicting the appellant for the offences under Sections 8/15, 25

& 29 of the N.D.P.S. Act. He further submits that with intent to

save the registered owner, the appellant was wrongly enroped in

this case. In the above circumstances, he prays to allow this

application for suspension of sentences.

On the other hand, learned Public Prosecutor has opposed

the application for suspension of sentences.

Having regard to the submissions made at the Bar and after

perusal of the record, it is evident that the narcotic substance was

not recovered from the possession of the appellant. He was

convicted under Sections 8/15 and 25 with the aid of Section 29 of

(3 of 4) [SOSA-356/2021]

the N.D.P.S. Act. As per prosecution, the appellant had loaded the

narcotic substance in the vehicle, which was recovered by the

police. However, the trial court did not mention any evidence in

the judgment, on the basis of which, it can be proved that the

substance was loaded by the appellant. The appellant has

remained in custody for more than four years. There is no

previous conviction on record against the appellant. Hearing of

the appeal is likely to consume time.

In this background and having regard to the facts and

circumstances of the case, this Court is inclined to accept the

application for suspension of sentences and to release the

appellant on bail during the pendency of the appeal.

Accordingly, the application for suspension of sentence filed

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

sentences passed by the Special Judge, N.D.P.S. Cases (Additional

Sessions Judge) Jaitaran, District Pali vide Judgment dated

06.12.2019 in Sessions Case No. 29/2016 (23/2014) against the

appellant-applicant - Abdul Abid S/o Abdul Kadir, 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 trial Judge for his appearance in this Court on

13.12.2021 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.

(4 of 4) [SOSA-356/2021]

3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

The 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 trial

Judge shall report the matter to the High Court for cancellation of

bail.

(RAMESHWAR VYAS),J

106-Inder/-

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