Rajendra Parshad Sirvi vs State Of Rajasthan
2023 Latest Caselaw 6532 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application (Appeal) No. 1073/2023

IN

S.B. Criminal Appeal No. 1751/2023

Rajendra Parshad Sirvi S/o Mahaveer Parshad Sirvi, Aged About 45 Years, 4 Mk P.S. Muklawa, Dist. Sri Ganganagar. (At Present Lodged In Central Sub Jail Raisingnagar).

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

----Respondent

For Appellant(s) : Mr. Pritam Solanki 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 Additional Sessions

Judge, No.1, Sriganganagar in Special Sessions Case

No.43/2016 whereby he was convicted and sentenced to

suffer maximum punishment of five years rigorous

imprisonment along with compensation fine of Rs.10,000/-

under Section 8/21 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 by

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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. Considering the overall submissions of the parties and the

allegedly recovered contraband is well below the commercial

quantity, thus, the embargo contained under Section 37 and

32A of the NDPS Act is not attracted in the present case.

Looking to the totality of facts and circumstances of the case

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 Additional Sessions Judge,

No.1, Sriganganagar in Special Sessions Case No.43/2016

against the appellant-applicant Rajendra Parshad Sirvi

S/o Mahaveer Parshad Sirvi 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

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the satisfaction of the learned trial 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

286-Ashutosh/-

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