Rajasthan High Court - Jodhpur
Murad @ Muradi vs State Of Rajasthan on 1 December, 2022
Bench: Pushpendra Singh Bhati
(1 of 3) [CRLAS-1665/2022]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1665/2022
1. Murad @ Muradi S/o Shri Nawale @ Jawale Khan, Aged
About 53 Years, R/o Ward No. 4, Miyo Ki Dhani, Purani
Aabadi, Sri Ganganagar. (Presently Lodged At Central Jail,
Sri Ganganagar)
2. Hasan Khan S/o Shri Nawale @ Jawale Khan, Aged About
34 Years, R/o Ward No. 4, Miyo Ki Dhani, Purani Aabadi,
Sri Ganganagar. (Presently Lodged At Central Jail, Sri
Ganganagar)
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Amit Kumar for
Mr. DS Thind.
For Respondent(s) : Mr. S.K. Bhati, PP.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
01/12/2022
Admit.
Issue notice.
Learned Public Prosecutor accepts notice on behalf of
respondent -State. Hence, notice need not be issued.
Heard learned counsel for the parties on S.B. Suspension
of Sentence (Appeal) No.1000/2022.
Learned counsel for the applicant-appellants submits that the
sentence is of one year and the contraband in question is below
commercial quantity. Learned counsel further submits that out of
the antecedents, there are two offence pertaining to the NDPS
cases of year 2014 and 2015 against the present applicant-
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appellants. As per learned counsel for the applicant-appellant the
other NDPS case is old and the contraband was below commercial
quantity.
Learned Public Prosecutor though opposes the suspension of
sentence application, but is unable to refute the aforesaid factual
matrix.
Having considered the totality of facts and circumstances of
the case, this Court deems it just and proper to suspend the
substantive sentence awarded to the accused applicant-appellants.
Accordingly, S.B. Suspension of Sentence (Appeal) filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
substantive sentence passed by the trial court vide judgment
dated 14.10.2022 in Sessions Case No.10/2016 against
applicants-appellant - (1) Murad @ Muradi S/o Shri Nawale @
Jawale Khan and (2) Hasan Khan S/o Shri Nawale @ Jawale
Khan shall remain suspended till final disposal of the aforesaid
appeal, provided each of them execute a personal bond in a 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 02.01.2023 and whenever ordered to do so, till the
disposal of the appeal on the conditions indicated below:-
1. That they/he will appear before the trial Court in
the month of January of every year till the appeal
is decided.
2. That if the appellants 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,
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-applicant-appellants in a separate file. Such file be
registered as Criminal misc. Case related to original case in which
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the accused-applicant-appellants 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 applicant-appellants do not appear
before the trial court, the learned trial Judge shall report the
matter to the High Court for cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI), J.
5-/Jitender
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