Rajasthan High Court - Jodhpur
Firoz Shah vs State Of Rajasthan on 20 November, 2021
Bench: Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S. B. Criminal Misc. Suspension of Sentence Application
(Appeal) No. 690/2021
Firoz Shah S/o Afasar Shah, aged about 36 years, R/o Nai Abadi,
Badha Kheri, P.S. YD Nagar, Mandsaur, Madhya Pradesh.
(At present lodged in District Jail, Pratapgarh).
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. Ramesh Purohit
For Respondent(s) : Mr. Laxman Solanki, P.P.
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
20/11/2021
The appellant has been convicted and sentenced as below
vide Judgment dated 29.09.2021 passed by Special Judge,
N.D.P.S. Cases, Pratapgarh in Sessions Case No. 09/2021 :-
Offence Sentences Fine Fine
Default
sentences
U/s 8/21 of N.D.P.S. 1 years R.I. Rs.10,000/- 1 month
Act.
The appellant has moved this application under Section 389
Cr.P.C. seeking suspension of sentences awarded to him by the
trial court.
Learned Public Prosecutor has not chosen to file reply to the
application for suspension of sentences and proposes to argue the
matter orally.
(2 of 3) [SOSA-690/2021]
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 appellant
has been convicted for possessing 7 gms. of smack, which is
below commercial quantity. He further submits that the appellant
was on bail during trial. No other criminal case is pending against
him. There is bleak possibility of hearing of the appeal in near
future. 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 facts and circumstances of the case as
well as arguments advanced as also looking to the quantity of
contraband recovered in the present 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,
Pratapgarh vide Judgment dated 29.09.2021 in Sessions Case
No. 09/2021 against the appellant-applicant - Firoz Shah S/o
Afasar Shah, 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 12.01.2022 and whenever
(3 of 3) [SOSA-690/2021]
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.
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
41-Inder/-
Powered by TCPDF (www.tcpdf.org)
