Surajpal vs State Of Rajasthan
2023 Latest Caselaw 2828 Raj

Citation : 2023 Latest Caselaw 2828 Raj
Judgement Date : 6 April, 2023

Rajasthan High Court - Jodhpur

Surajpal vs State Of Rajasthan on 6 April, 2023

Bench: Farjand Ali

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.127/2023 In S.B. Criminal Appeal No. 197/2023

Surajpal S/o Shri Kailashpal Ahirwal Mochi, Aged About 31 Years, R/o 520 Rustom Garden Near Annapurna Mandir Ps M.i.g. Dist. Indore M.p. (Presently Lodged In Dist. Jail Pratapgarh)

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

----Respondent

For Appellant(s) : Mr. Ramesh Chandra Purohit For Respondent(s) : Mr. Javed Gauri, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

06/04/2023

The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment dated

15.04.2019 passed by the learned Special Judge, NDPS Cases,

Pratapgarh in Sessions Case No.16/2015 whereby he was

convicted and sentenced to suffer imprisonment of one years'

rigorous imprisonment along with a fine of Rs.10,000/- under

Section 8/21 of NDPS Act.

It is contended on behalf of the applicant that the learned

trial Judge has not appreciated the correct, legal and factual

aspects of the matter and thus, reached at an erroneous

conclusion of guilt, therefore, the same is required to be

appreciated again by this court being the first appellate Court.

Hearing of the appeal is likely to take long time, therefore, the

application for suspension of sentence may be granted.

                                        (2 of 3)                          [SOSA-127/2023]


     Per     contra,   learned       public       prosecutor       has    vehemently

opposed the prayer made on behalf of the accused-applicant for

releasing the appellant on application for suspension of sentence.

Heard learned counsel for the parties and perused the

material available on record.

Considering the submissions of learned counsel for the

parties and looking to the totality of facts and circumstances of

the case, more particularly the fact that the certified copy of the

order sheet of trial Court is placed on record as per which the

appellant is behind the bars since January, 2023. The total

sentence awarded to him is not more than one year. The grounds

mentioned in the memo of appeal are required to be reconsidered

by this Court while hearing of appeal is likely to take further more

time and considering the overall submissions while refraining from

passing any comments on the niceties of the matter and the

defects of the prosecution as the same may put an adverse effect

on hearing of the appeal. 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

sentence passed by learned Special Judge, NDPS Cases,

Pratapgarh who passed the impugned order dated 15.04.2019 in

Sessions Case No. 16/2015 against the appellant-applicant-

Surajpal S/o Shri Kailashpal Ahirwal Mochi shall remain suspended

till final disposal of the aforesaid appeal and he shall be released

(3 of 3) [SOSA-127/2023]

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 08.05.2023 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 applicant 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.