Gotu vs State Of Rajasthan
2023 Latest Caselaw 3655 Raj

[2023/RJJD/012257]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No.346/2023 IN S.B. Criminal Appeal No. 442/2023 Gotu S/o Rajmal, Aged About 30 Years, Nai Abadi, Talab Road, Chotti Sadri, Dist. Pratapgarh (Raj.). (Presently Lodged In Central Jail, Udaipur).

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


For Appellant(s)             :     Mr. Rahul Batty
For Respondent(s)            :     Mr. Abhishek Purohit, AGA


               HON'BLE MR. JUSTICE FARJAND ALI
                                        Order
26/04/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant-appellant in the matter of

judgment dated 01.10.2022 passed by learned Special Judge,

NDPS Act Cases, Pratapgarh in Sessions Case No.12/2018

whereby he was convicted and sentenced to suffer maximum

punishment of 1 year rigorous imprisonment along with fine of

Rs.10,000/- in default of payment of fine to undergo further 1

month additional rigorous imprisonment under Sections 8/15 &

8/25 of NDPS Act.

2. Learned counsel for the appellant contended on behalf of the

applicant-appellant 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.

Learned counsel for the applicant-appellant also submits that

[2023/RJJD/012257] (2 of 3)

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 on behalf of the learned counsel for the

applicant for releasing the applicant-appellant on application for

suspension of sentence.

4. Heard and perused the material available on record.

5. Upon consideration of the grounds raised in the memo of the

appeal, looking to the totality of facts and circumstances of the

case, more particularly the fact that the 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.

6. Accordingly, the present application for suspension of

sentence filed under Section 389 Cr.P.C. is allowed and it is

ordered that the sentences passed by learned Special Judge,

NDPS Act Cases, Pratapgarh vide judgment dated 01.10.2022 in

Sessions Case No.12/2018 against the appellant-applicant Gotu

S/o Rajmal remain suspended till final disposal of the aforesaid

appeal and he/she/they shall be released on bail, provided

he/she/each execute a personal bond in the sum of Rs.50,000/-

with two sureties of Rs.25,000/- to the satisfaction of the learned

trial court for his/her/their 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:-

[2023/RJJD/012257] (3 of 3)

1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant(s) change(s) the place of residence, he/she/they will give in writing his changed address(es) to the trial Court as well as to the counsel in the High Court.

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

7. The learned trial Court shall keep the record of attendance of

the accused-applicant(s) in a separate file. Such file be registered

as Criminal Misc. Case related to original case in which the

accused-applicant(s) 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 applicant(s) does(do) not appear before the trial

court, the learned trial Judge shall report the matter to the High

Court for cancellation of bail.

(FARJAND ALI),J 114-AnilKC/-

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