Narsinga Ram vs State
2022 Latest Caselaw 15015 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 558/2020 IN S.B. Criminal Appeal No. 88/2020

Narsinga Ram S/o Shri Fussa @ Pussa Ram, Aged About 25 Years, By Caste Jat, R/o Aaula Nada, Janiyo Ki Dhani, Sindhipura, Karnu, Panchudi Police Staiton, District Nagaur. (Lodged In District Jail Bhilwara).

----Appellant Versus State, Through P.p.

----Respondent

For Appellant(s) : Mr. VIJAY RAJ BISHNOI Mr. RAVINDRA KUMAR ACHARYA Mr. SANTOSH KUMAR For Respondent(s) : Mr. S.K. Bishnoi, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

21/12/2022 Heard learned counsel for the accused appellant and learned

Public Prosecutor on the application for suspension of sentence

and perused the judgment impugned dated 20.12.2019 passed by

Special Judge (N.D.P.S. cases), Bhilwara whereby the accused

appellant has been convicted for the offence punishable under

sections 8/15 and 8/25 of NDPS Act and has been sentenced with

maximum of ten years rigorous imprisonment along with fine of

Rs. 1,00,000/- for each offence.

Learned counsel for the accused-appellant submits that the trial

court has grossly erred in convicting and sentencing the accused-

appellant. The vehicle was lying in an abandoned condition. He submits

(2 of 4) [SOSA-558/2020]

that appellant has nothing to do with the alleged offence, he has been

booked in this matter simply on the count that he was the registered

owner of the vehicle. The alleged recovery has not been made from his

exclusive and conscious possession. He is not the registered owner and

has been made accused simply on the basis of sell documents issued by

the Shree Krishna Hyundai car motors, Bhilwara, but no concrete

evidence has been produced in trial. The appellant has spent last 4

years and 11 months in custody and he has served almost half of

his sentence, if he is not released on bail the very purpose of filing

the appeal would be frustrated. He further submits that the

appellant was on bail during trial and he never misused the liberty

granted in his favour. Therefore, the application for suspension of

sentence may be granted.

It is further submitted that no clinching evidence has been

produce so as to establish the fact beyond reasonable that the

petitioner was the owner of the vehicle, thus, submits that he has

a strong arguable case in his favour. The appeal had already been

admitted and he has served half of his sentence and the hearing

of appeal would not be completed in near time and his sentence

would not be suspended the purpose of this appeal would be

frustrated.

Learned Public Prosecutor vehemently opposes the prayer

made by learned counsel for the accused-appellant and submits

that the matter pertains to recovery of 60 kilograms of Poppy husk

and the judgment of conviction passed by learned Court below

does not warrant any interference. As per the custody certificate

submitted by learned Public Prosecutor, the petitioner has suffered

imprisonment for 4 years and 11 months.

(3 of 4) [SOSA-558/2020]

Considering the submissions that the rcovery has not be

affected from his exclusive and concise possession, he is not the

registered owner of the vehicle besides the fact that he has served

almost half of his sentence and hearing of the appeal would likely

to take long time to conclude, 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 (N.D.P.S. cases),

Bhilwara vide judgment dated 20.12.2019 in Sessions Case

No.23/2018 against the appellant-applicant Narsinga Ram S/o Shri

Fussa @ Pussa Ram 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 24.01.2023 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.

                                                                                  (4 of 4)                   [SOSA-558/2020]


                                                   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 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 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 187-Anshul/-

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