Pappulal vs State Of Rajasthan
2023 Latest Caselaw 3578 Raj

[2023/RJJD/012001]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application (Appeal) No.360/2023

IN

S.B. Criminal Appeal No. 454/2023

Pappulal S/o Shri Manohar Singh, Aged About 28 Years, R/o Faredi PS Arnod Dist. Pratapgarh Raj. (At Present Lodged In Dist. Jail Pratapgarh)

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

----Respondent

For Appellant(s) : Mr. Vijay Kumar Gaur For Respondent(s) : Mr. A.K. Choudhary, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

25/04/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment

of conviction dated 17.11.2022 and order of sentence dated

20.04.2023 passed by learned Special Judge, NDPS Cases,

Pratapgarh in Regular Criminal Case No.22/2018 whereby he

was convicted and sentenced to suffer maximum punishment

of two years rigorous imprisonment along with fine of

Rs.20,000/- under Section8/25 of NDPS Act as well as

Section 8/29 of NDPS Act.

2. It is contended 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,

[2023/RJJD/012001] (2 of 3) [SOSA-360/2023]

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.

3. Per contra, learned public prosecutor has vehemently

opposed the prayer made by learned counsel for the

accused-applicant for releasing the appellant on application

for suspension of sentence.

4. Heard learned counsel for the parties and perused the

material available on record.

5. The grounds raised in the bail application seems to be

considerable and the allegedly recovered contraband is well

below the commercial quantity, thus, the embargo contained

under Section 37 of the NDPS Act is not attracted in the

present case. Looking to the totality of facts and

circumstances of the case, 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.

6. 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 in Regular Criminal Case No.22/2018 against the

appellant-applicant Pappulal S/o Shri Manohar Singh

shall remain suspended till final disposal of the aforesaid

appeal and he shall be released on bail provided he executes

[2023/RJJD/012001] (3 of 3) [SOSA-360/2023]

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 25.05.2023 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.

3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 183-Ashutosh/-

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