Rajasthan High Court - Jodhpur
Ajay vs State Of Rajasthan on 12 December, 2022
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Suspension of Sentence Application No.1254/2022
in
S.B. Criminal Appeal No. 2060/2022
Ajay S/o Sh. Vasudev, Aged 31 Years, R/o 9/238 R Hb Colony
Hanumangarh Junction, Teh. And Dist. Hanumangarh. (At
Present Lodged In Dist. Jail, Hanumangarh).
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. R.S. Gill
For Respondent(s) : Mr. Laxman Solanki, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
12/12/2022
Heard learned counsel for the appellant and learned public
prosecutor on application of suspension of sentences No.1254/2022.
Learned counsel for the appellant submits that the Court below
has failed to appreciate the correct legal and factual aspect of the
matter and thus reached on an erroneous conclusion. There is no
definite evidence to establish the fact that the alleged 12 bottles of
wincirex cough syrup were recovered from the exclusive and conscious
possession of the appellant. He further submits that the learned Court
below even failed to apply its mind in respect of passing order on the
point of sentence wherein, it is reported that huge quantity of
psychotropic tablets were recovered instead of bottles of cough syrup,
even the name of the appellant is mentioned wrongly. He raises serious
(2 of 3) [SOSA 1254/2022]
question over imposing of 10 years of imprisonment. Hearing of the
appeal would take long time.
Learned Public Prosecutor has opposed the application for
suspension of sentence.
As per the admitted case of the prosecution, only 12 bottles of
wincirex cough syrup were allegedly recovered in which as per the
report of FSL, codeine phosphate was found. The judgment of
conviction as well as the order of sentence has been questioned on
several other grounds which requires to be re-appreciated.
Upon a consideration of the arguments advanced on behalf of the
appellants and having regard to the facts and circumstances of the
case, this court is of the opinion that it is a fit case for suspending the
sentence awarded to the accused appellant.
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), Hanumangarh vide
judgment dated 23.11.2022 in Sessions Case No. 17/2021 against the
appellant-applicant Ajay S/o Sh. Vasudev 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 learned trial
Judge for his appearance in this court on 17.01.2023 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 of 3) [SOSA 1254/2022]
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-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
Cuppl.1-amit/-
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