Chhoga Lal vs State Of Rajasthan (2023:Rj-Jd:44010)
2023 Latest Caselaw 10801 Raj

Citation : 2023 Latest Caselaw 10801 Raj
Judgement Date : 15 December, 2023

Rajasthan High Court - Jodhpur

Chhoga Lal vs State Of Rajasthan (2023:Rj-Jd:44010) on 15 December, 2023

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2023:RJ-JD:44010]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                               No. 985/2023

Chhoga Lal S/o Shri Roopa Gayri, Aged About 40 Years, R/o
Rawatpura, Police Station Dungla, District Chittorgarh. (Presently
Lodged In District Jail, Sirohi)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Nishant Bora
                                Mr. SS Choudhary
For Respondent(s)         :     Mr. Javed Gauri, PP



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

15/12/2023

The criminal misc. suspension of application has been filed

under Section 389 Cr.P.C. against the judgment date 20.07.2023

passed by learned Special Judge, NDPS Cases, No.1, Chittorgarh

in Sessions Case No.02/2013 for offence under Section 8/18 of

NDPS Act.

Learned counsel for the appellant submits that learned

Special Judge, NDPS Cases, No.1, Chittorgarh vide judgment

dated 23.12.2017 has convicted the co-accused and sentenced

them only for five years on the ground that recovered contraband

was below commercial quantity. Thereafter, learned Judge has

convicted the present appellant on the ground that the recovered

contraband is commercial quantity and accordingly sentenced him

for 12 years imprisonment. Counsel further submitted that the

[2023:RJ-JD:44010] (2 of 3) [SOSA-985/2023]

appellant is in judicial custody for more than five years and there

are no other criminal antecedents against the present appellant,

therefore, it is prayed that sentence of present appellant may be

suspended.

Learned Public Prosecutor has opposed the prayer made by

learned counsel for the appellant.

Upon a consideration of the arguments advanced on behalf

of the appellant and after perusing the record of the case it is

evident that the learned trial Court had sentenced the co-accused

for five years imprisonment considering the fact that recovered

contraband was below commercial quantity however, in the

present case the appellant has been sentenced to a period of

twelve years imprisonment on the ground that recovered

contraband was commercial quantity.

Having regard to the facts and circumstances of the case,

particularly looking to the custody period of present appellant,

this Court is of the opinion that it is a fit case for suspending the

sentence awarded to the appellant.

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 the learned Special Judge, NDPS Cases, No.1,

Chittorgarh, in Sessions Case No.02/2013 vide judgment dated

20.07.2023 against the appellant Chhoga Lal S/o Shri Roopa

Gayri, shall remain suspended till final disposal of the aforesaid

appeal subject to depositing the 50% fine amount as imposed by

the learned trial Court, provided he executes a personal bond in

the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to

the satisfaction of the learned trial Judge for his appearance in this

[2023:RJ-JD:44010] (3 of 3) [SOSA-985/2023]

court on 15.01.2024 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 appellant 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.