Ayub Khan Pathan vs State Of Rajasthan
2022 Latest Caselaw 8135 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Misc. Suspension of Sentence Application No. 423/2022 In S.B. Criminal Appeal No. 682/2022

Ayub Khan Pathan S/o Babar Khan Pathan, Aged About 41 Years, R/o Surjani Police Station Sitamau, District Mandsore (M.p.) (Presently Lodged At District Jail, Chittorgarh)

----Appellant Versus State Of Rajasthan, Through PP

----Respondent

For Appellant(s) : Mr. Hukam Singh Chouhan For Respondent(s) : Ms. Anita Gehlot, PP.

HON'BLE MR. JUSTICE MADAN GOPAL VYAS(VACATION JUDGE)

Order

10/06/2022

Heard learned counsel for the applicant-appellant, learned

Public Prosecutor and perused the impugned judgment & record.

By the impugned judgment dated 10.05.2022, learned

Special Judge (NDPS cases) No. 2, Chittorgarh (Raj.) (for short,

'learned trial Court') convicted and sentenced applicants for seven

years' rigorous imprisonment with fine of Rs.70,000/- for offences

under Section 8/18 of the NDPS Act and in default of payment of

fine to further undergo sentence for six months' rigorous

imprisonment.

It is stated at Bar by learned counsel for the applicant that

the applicant has falsely been implicated in this case. It is also

submitted that the accused-appellant was on bail during trial and

he has never misused the liberty granted. It is also submitted that

(2 of 2) [CRLAS-682/2022]

the contraband recovered from the appellant was below

commercial quantity. He is behind the bars since long. Lastly,

learned counsel has submitted that looking to short sentence

awarded by the learned trial Court, same deserves to be

suspended during pendency of appeal as the hearing of the appeal

would take time.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

Admit.

Having regard to the facts and circumstances of the case, I

feel persuaded to accept this application for suspension of

sentence.

Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

sentence passed by Special Judge, NDPS cases, No. 2, Chittorgarh

(Raj.), vide judgment dated 10.05.2022, in Sessions Case

No.139/2014 against applicant-appellant Ayub Khan Pathan S/o

Babar Khan Pathan, shall remain suspended till final disposal of

the aforesaid appeal provided he furnishes a personal bond in the

sum of Rs.1,00,000/- with two sureties of like amount to the

satisfaction of learned trial Judge for appearance in this Court on

11.07.2022 and whenever ordered to do so till disposal of the

appeal.

(MADAN GOPAL VYAS(VACATION JUDGE)),J 77-S. Dhingra/-

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