Rajasthan High Court - Jodhpur
Firoz vs State Of Rajasthan on 19 December, 2022
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1280/2022
in
S.B. Criminal Appeal No. 1724/2022
Firoz S/o Shri Mir Jaman, Aged About 26 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 Purohit
For Respondent(s) : Mr. Javed Gauri, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
19/12/2022
Heard learned counsel for the appellants and learned public
prosecutor on application of suspension of sentence.
Learned counsel for the appellant submits that the appellant
has been convicted for committing an offence under penal
provision of NDPS Act vide order dated 13.10.2022. In this matter,
initially it was projected by the investigating agency that the
accused was indulged in transportation of 260 grams smack. Upon
the protest made by the defense, a co-ordinate Bench of this
Court vide order dated 12.10.2021 directed to re-weight the
article and in pursuance thereof when the contraband was
weighed again before the trial Court, the total weight of the
contraband was found 117.6 grams. In this view of the matter, the
(2 of 3) [SOSA-1280/2022]
learned trial Court has convicted the accused for committing an
offence below commercial quantity.
Learned Public Prosecutor vehemently opposed the prayer
made by the learned counsel for the accused-appellant.
Considering the overall circumstances and submissions that
the matter requires re-appreciation of the evidence and the
manner in which the weight of the contraband has been varied as
well as the fetter contained in Section 307 of NDPS Act is not
attracted. 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 Act Cases,
Pratapgarh, vide judgment dated 13.10.2022 in Sessions Case No.
1/2020 against the appellant-applicant Firoz S/o Mir Jaman
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 20.1.2023 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
(3 of 3) [SOSA-1280/2022]
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
311-Arti/-
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