Rajjak Mohammad vs Union Of India
2023 Latest Caselaw 3588 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Temporary Bail Application for Suspension Of Sentence No. 372/2023 IN S.B. Criminal Appeal No.103/2020

Rajjak Mohammad S/o Shri Sayad Mohammad, Age about 35 Years, By Caste Mansuri Pinjara Musalman, R/o Badi Masjid Ke Pas, Salampura, Pratapgarh, District Pratapgarh. (At Present Lodged In District Jail, Banswara)

----Petitioner Versus

Union of India

----Respondent

For Petitioner(s) : Mr. Ramesh Chandra Purohit For Respondent(s) : Mr. K.S. Nahar, Spl. PP, CBN

HON'BLE MR. JUSTICE FARJAND ALI Order

25/04/2023

1. The instant application for temporary suspension of sentence

has been moved on behalf of the applicant in the matter of

judgment dated 24.12.2019 passed by learned Special Judge,

NDPS Cases, Banswara in Special (NDPS) Case No.03/2008

whereby he was convicted and sentenced to suffer maximum

punishment of 10 years rigorous imprisonment along with fine of

Rs.1,00,000/- for offence under Section 8/21(c) of NDPS Act,

1985 on the ground that he is ailing with critical disease cancer

and presently undergoing treatment within the jail.

2. To buttress his submission certain documents have been

placed on record including the prescription slips and copy of in-

door ticket. Besides the tuberculosis a cyst was found near the

lungs and the wind pipe for which the sample has been taken and

(2 of 2) [SOSA-372/2023]

sent to the chemical and radiological examination for the purpose

of biopsy. Looking to the serious ailment, a prayer has been made

to release the appellant for a period of two months so that he may

get treatment at the place of his choice and may get company of

his family members during the precarious stage.

3. Mr. K.S. Nahar appearing on behalf of the respondent does

not dispute the fact that the petitioner is ailing with critical

disease. He submitted a report as per which fractional bronchitis

changes were found and the samples have been sent for biopsy.

He too does not dispute that even in the jail premises he is

undergoing the treatment.

4. Heard and perused the material available on record.

5. Upon consideration of the material and taking a

humanitarian view of the matter, the application for temporary

suspension of sentences is allowed. The sentences awarded to

appellant-applicant Rajjak Mohammad S/o Shri Sayad

Mohammad by learned Special Judge, NDPS Cases, Banswara in

Special (NDPS) Case No.03/2008 vide judgment dated 24.12.2019

shall remain suspended for a period of 60 days from the date of

his actual release upon furnishing a personal bond in the sum of

Rs.1,00,000/- and two sound and solvent sureties of Rs.50,000/-

each to the satisfaction of the trial court. The applicant-appellant

shall surrender before the concerned Jail Authority in the morning

of the next day of completion of the period of temporary bail.

(FARJAND ALI),J C1-KashishS/-

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