Mahendra Singh vs State Of Rajasthan
2023 Latest Caselaw 5948 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 863/2023

1. Karamveer S/o Sh. Dhirendra Singh, Aged About 29 Years, R/o Sinli, P.s. Jhanwar, District Jodhpur. Presently R/o 21E/379 Chopasani Housing Board, Police Station 23 Sector, Jodhpur. (Presently Lodged At District Jail, Chittorgarh)

2. Poonam Singh S/o Sh. Jabbar Singh, Aged About 37 Years, R/o Nimbora, P.s. Kalandri, District Sirohi. Presently R/o Sector No. 6 Kuri Bhagtasni, Police Station Kuri, Jodhpur. (Presently Lodged At District Jail, Chittorgarh)

3. Suryaveer Singh S/o Sh. Devi Singh, Aged About 26 Years, R/o Shik Shak Colony Gali No. 7 Chopasni, Police Station Rajiv Gandhi Nagar, Jodhpur, District Jodhpur. (Presently Lodged At District Jail, Chittorgarh)

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

----Respondent Connected With S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 865/2023 Mahendra Singh S/o Sh. Radmal Deora, Aged About 37 Years, Near Pechka, Devdaguda Police Station, Khivada, Dist. Pali, Raj. (At Present Lodged In Dist. Jail, Chittorgarh).

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

----Respondent

For Petitioner(s) : Mr. Bhawani Singh For Respondent(s) : Mr. S.K. Bhati, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

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17/08/2023

1. The instants application for suspension of sentence have

been moved on behalf of the applicants in the matter of

judgment dated 18.07.2023 passed by learned Special

Judge, NDPS Cases No.2, Chittorgarh in Sessions Case

No.53/2017(31/2016) whereby the appellants were convicted

and sentenced as under:

     Name of the Appellants       Offence for which convicted       Sentence and fine
Karamveer                         Section 8/15 of NDPS Act         Two years rigorous
Poonam                                                             imprisonment and a
Suryaveer                                                          fine of Rs.20,000/-
Mahendra Singh                    Section 8/29 of NDPS Act         Two years rigorous
                                                                   imprisonment and
                                                                   fine of Rs.20,000/-

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,

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-applicants 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. After meticulous examination of the evidence, the learned

trial Court failed to appreciate the fact of possession of two

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kilo gram poppy husk only and thus, they were convicted

under Sections 8/15 and 8/29 of the NDPS Act and

sentenced to suffer two years imprisonment. In view of the

above and considering the facts that 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-appellants.

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

No.2, Chittorgarh in Sessions Case No.53/2017(31/2016)

against the appellants-applicants- 1. Karamveer S/o Sh.

Dhirendra Singh, 2. Poonam Singh S/o Sh. Jabbar

Singh, 3. Suryaveer Singh S/o Sh. Devi Singh,

4. Mahendra Singh S/o Sh. Radmal Deora shall remain

suspended till final disposal of the aforesaid appeal and they

shall be released on bail provided each of them execute 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 their appearance in this court on 18.09.2023 and

whenever ordered to do so till the disposal of the appeal on

the conditions indicated below:-

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

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(2) That if the applicants change the place of residence, they will give in writing their changed addresses to the trial Court as well as to the counsel in the High Court.

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

(FARJAND ALI),J 257-258-Ashutosh/-

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