Krishangopal @ Kishan Gopal vs State Of Rajasthan
2022 Latest Caselaw 14473 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR.

.....

S.B. Criminal Appeal No. 1821/2022.

1. Krishangopal @ Kishan Gopal S/o Sh. Ladu, Aged About

27 Years, B/c Lohar, R/o Mahua, Police Station

Mandalgarh, District Bhilwara (Raj.)

(Presently Lodged In District Jail, Bhilwara)

2. Sanwarmal S/o Sh. Radhakishan, Aged About 25 Years,

B/c Meena, R/o Mukangarh, Police Station Mandalgarh,

District Bhilwara (Raj.)

(Presently Lodged In District Jail, Bhilwara)

3. Satyanarayan @ Sattu S/o Sh. Mathura, Aged About 35

Years, B/c Jat, R/o Bithalpura, Police Station Bigod,

District Bhilwara (Raj.)

(Presently Lodged In District Jail, Bhilwara)

4. Ratan S/o Sh. Ramchandra, Aged About 40 Years, B/c

Gurjar, R/o Gopalpura, Police Station Parsoli, District

Chittorgarh (Raj.)

(Presently Lodged In District Jail, Bhilwara)

----Appellants Versus State Of Rajasthan through PP

----Respondent

For Appellant(s) : Mr. Rajiv Bishnoi.

For Respondent(s)         :     Mr. Mohd. Javed Gouri, PP





                                      (2 of 4)                   [CRLAS-1821/2022]



              HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

08/12/2022

     Heard.

Admit. Issue notice to the respondent.

Learned Public Prosecutor accepts notice on behalf of the

respondent - State of Rajasthan.

Record has already been received.

Heard learned counsel for the applicants/appellants and the

learned Public Prosecutor on the application seeking suspension of

sentences (SoSA No. 1102/2022).

Learned counsel for the applicants/appellants submits that

the accused-appellants were on bail during the course of the trial.

Learned counsel further submits that the recovered contraband

(i.e., 39 kg. Poppy-Husk)) is well below the commercial quantity

thus, the provisions of Section 37 of the NDPS Act are not

attracted. It is submitted that there is serious discrepancy in

regard to the allegation that the contraband in question was found

in exclusive and conscious possession of the applicants/appellants.

Therefore, learned counsel for the applicants/appellants submits

that the sentences awarded to the accused-appellants may be

suspended as the disposal of the appeal will consume time.

Learned Public Prosecutor has vehemently opposed the

prayer made by the learned counsel for the accused-appellants.

Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

of the case and the recovered contraband (i.e., 39 Kg. Poppy-

(3 of 4) [CRLAS-1821/2022]

Husk) is well below the commercial quantity thus, the provisions

of Section 37 of the NDPS Act are not attracted, this Court is of

the opinion that it is a fit case for suspending the sentences

awarded to the accused-appellants.

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 learned Special Judge, NDPS Cases,

Bhilwara vide judgment dated 09.11.2022 in Sessions Case No.

57/2017 against the applicants/appellants (1) Krishangopal @

Kishan Gopal S/o Ladu, (2) Sanwarmal S/o Radhakishan,

(3) Satyanarayan @ Sattu S/o Mathura and (4) Ratan S/o

Ramchandra shall remain suspended till final disposal of the

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

of them executes a personal bond in the sum of Rs.2,00,000/-

with two sureties of Rs.1,00,000/- each to the satisfaction of the

learned trial Judge for their appearance in this Court on

09.01.2023 and whenever ordered to do so till the disposal of the

appeal on the conditions indicated below:-

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

2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/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.

(4 of 4) [CRLAS-1821/2022]

The learned trial Court shall keep the record of attendance of

the accused-applicant(s) in a separate file. Such file be registered

as Criminal Misc. Case related to original case in which the

accused-applicant(s) was/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(s) does not appear before the trial

court, the learned trial Judge shall report the matter to the High

Court for cancellation of bail.

(FARJAND ALI),J 168-Mohan/-

Powered by TCPDF (www.tcpdf.org)