Vinod Kumar @ Daniya vs State Of Rajasthan ...
2023 Latest Caselaw 5681 Raj

Citation : 2023 Latest Caselaw 5681 Raj
Judgement Date : 7 August, 2023

Rajasthan High Court - Jodhpur

Vinod Kumar @ Daniya vs State Of Rajasthan ... on 7 August, 2023

Bench: Farjand Ali

[2023:RJ-JD:24983]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 789/2023

Vinod Kumar @ Daniya S/o Shri Khyali Ram, Aged About 31 Years, R/o Karanisar At Present R/o Ward No. 8, Mandi Pilibangan, Tehsil Pilibangan, District Hanumangarh. (At Present Lodged In District Jail, Hanumangarh)

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

----Respondent

For Petitioner(s) : Mr. Rajesh Saharan For Respondent(s) : Mr. M. Khan, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

07/08/2023

1. The instant application for suspension of sentence has been

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

01.07.2023 passed by the learned Special Judge, NDPS Act Cases,

District - Hanumangarh in Sessions Case No.15/2013 whereby he

was convicted and sentenced to suffer imprisonment of five years'

rigorous imprisonment along with a fine of Rs.50,000/- under

Section 8/21 of NDPS Act.

2. 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. He

further submits that the compliance under Section 50 of NDPS Act

[2023:RJ-JD:24983] (2 of 3) [SOSA-789/2023]

has not been made which is mandatory in law and the recovered

contraband is well below the demarcated commercial quantity for

contraband smack. He was on bail during trial and did not misuse

the liberty so granted to him; 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 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. Considering the submissions of learned counsel for the

parties and looking to the totality of facts and circumstances of

the case, more particularly the facts that the recovered

contraband is below the demarcated commercial quantity and for

that the embargo contained under Section 32-A and 37 of NDPS

Act are not applicable and the accused-appellant was on bail

during the course of trial and the hearing of appeal is likely to take

further more time. 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 application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

[2023:RJ-JD:24983] (3 of 3) [SOSA-789/2023]

sentence passed by learned Special Judge, NDPS Act Cases,

District - Hanumangarh who passed the impugned order dated

01.07.2023 in Sessions Case No.15/2013 against the appellant-

applicant- Vinod Kumar @ Daniya S/o Shri Khyali Ram shall

remain suspended till final disposal of the aforesaid appeal and he

shall be released 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 08.09.2023 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.