Mohammad Nawaj @ Kaka vs State Of Rajasthan
2022 Latest Caselaw 11488 Raj

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Appeal No. 1277/2022

Mohammad Nawaj @ Kaka S/o S. Mam Ali, Aged About 46 Years,
R/o Ward No. 4 New Khunja, District Hanumangarh. (At Present
Lodged In Central Jail, Sri Ganganagar)
                                                                     ----Appellant
                                     Versus
State Of Rajasthan
                                                                   ----Respondent


For Appellant(s)           :    Mr. Ranjeet Singh Gill
For Respondent(s)          :    Mr. Mahipal Bishnoi, PP



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                     Order

15/09/2022

     Admit.

     Since learned Public Prosecutor already appearing on behalf

of respondent-State, therefore, notice need not be issued.

     Heard learned counsel for the parties on S.B. Suspension

of Sentence (Appeal) No.710/2022.

     Learned    counsel        for   the    appellant           submits    that   the

contraband in question is below commercial quantity and there are

no   previous   criminal       antecedents       of    the       present   appellant

pertaining to the offence under the NDPS Act.

     Learned    Public     Prosecutor         though            opposes    the    bail

application, but is unable to refute the aforesaid factual matrix.

     Having considered the totality of facts and circumstances of

the case, this Court deems it just and proper to suspend the

substantive sentence awarded to the accused applicant-appellant.

     Accordingly, S.B. Suspension of Sentence (Appeal) No.

710/2022 filed under Section 389 Cr.P.C. is allowed and it is

ordered that the substantive sentence passed by the trial court

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                                   vide judgment dated 26.07.2022 in Sessions Case No.07/2018

                                   against appellant Mohammad Nawaj @ Kaka S/o S. Mam Ali

                                   shall remain suspended till final disposal of the aforesaid appeal,

                                   provided he executes a personal bond in a 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

                                   17.10.2022 and whenever ordered to do so, till the disposal of

                                   the appeal on the conditions indicated below:-


                                        1.    That he will appear before the trial Court in the
                                              month of January of every year till the appeal is
                                              decided.
                                        2.    That if the appellant changes the place of
                                              residence, he will give in writing his changed
                                              address to the trial Court as well as to the counsel
                                              in the High Court.
                                        3.    Similarly, if the sureties change their address,
                                              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-appellant in a separate file. Such file be registered as

                                   Criminal Misc. Case related to original case in which the accused-

                                   appellant was 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-appellant do not appear before the trial court, the learned

                                   trial Judge shall report the matter to the High Court for

                                   cancellation of bail.

                                                                    (DR.PUSHPENDRA SINGH BHATI), J.

209-Zeeshan

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