Dhuliya vs State Of Rajasthan
2023 Latest Caselaw 6530 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application (Appeal) No. 1075/2023

IN

S.B. Criminal Appeal No. 1754/2023

Dhuliya S/o Sh. Homa Ji, Aged About 43 Years, Pipalikheda, P.s. Deogarh, Dist. Pratapgarh, (Raj.). (Presently Lodged In Dist. Jail, Pratapgarh).

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

----Respondent

For Appellant(s) : Mr. Ramesh Purohit For Respondent(s) : Mr. S.K. Bhati, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

29/08/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment

dated 25.08.2023 passed by learned Special Judge NDPS

Cases, Pratapgarh in Special Sessions Case No.22/2021

whereby he was convicted and sentenced to suffer maximum

punishment of two years rigorous imprisonment along with

compensation fine of Rs.20,000/- under Section 8/15 of the

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, therefore, the same is required to be appreciated again

(2 of 3) [SOSA-1075/2023]

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. Upon consideration of 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

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 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 Special Sessions Case No.22/2021 against the

appellant-applicant Dhuliya S/o Sh. Homa Ji 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

(3 of 3) [SOSA-1075/2023]

Judge for his appearance in this Court on 29.09.2023 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.

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

(FARJAND ALI),J 288-Ashutosh/-

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