Aabid vs State Of Rajasthan
2022 Latest Caselaw 14633 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1250/2022

IN

Criminal Appeal No.1724/2022

Aabid S/o Shri Abbas Khan, Aged About 28 Years, R/o Kanora, Police Station Rathanjana, District Pratapgarh. (Presently Lodged In District Jail, Pratapgarh)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Ramesh Chandra Purohit For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

13/12/2022

Heard learned counsel for the appellants and learned public

prosecutor on application seeking suspension of sentences

No.1250/2022.

Learned counsel for the applicant/appellant submits that

no recovery of any contraband was affected from the

applicant/appellant. He has been made accused in this case solely

on the basis of the statement that he was escorting the other co-

accused Sher Khan and Firoz. It is further submitted that the

allegation of the prosecution that after some time of apprehension

of the applicant-appellant Aabid and the co-accused Shahrukh on

a motorcycle, the two co-accused persons Sher Khan and Firoz

came at the place of their interception and these two persons tried

(2 of 3) [SOSA-1250/2022]

to convey them to run away seems to be very flimsy and

unconvincing because the same thing has not been brought during

the course of the trial. There is serious infirmity in aspect of this

fact which is a sole basis for arraigning of the accused/appellant in

this case. It is submitted that punishment provision in the NDPS

Act is very harsh and that is why, stringent provisions have been

made which are required to be complied with by the Agency

before depriving a person from his life and liberty. Since the sole

basis of booking the accused/applicant in this case is his

admission before the Police Officers which is not admissible as per

the mandate of law under Section 25 & 26 of the Indian Evidence

Act and, therefore, the conviction of the accused/ applicant is not

sustainable in the eye of law. It is further submitted that the

applicant/ appellant was on bail during the entire period of the

trial and there is no complaint regarding misuse of the liberty

granted in his favour. The appellants have a strong arguable case

in their favour and there is every hope for success in appeal.

Therefore, learned counsel for the applicants/appellants submits

that the sentences awarded to the accused-appellant may be

suspended as the disposal of the appeal will consume

time.

Per contra, learned Public Prosecutor has vehemently

opposed the prayer made by the learned counsel for the accused-

appellant for suspending the sentences.

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 Act Cases,

Pratapgarh vide judgment dated 13.10.2022 in Special Sessions

Case No.1/2020 against the applicant/appellant Aabid S/o Shri

(3 of 3) [SOSA-1250/2022]

Abbas Khan shall remain suspended till final disposal of the

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

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 his appearance in this Court on 12.01.2023 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.

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 227-Anshul/-

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