Rajasthan High Court - Jodhpur
Rafiq vs State Of Rajasthan on 30 January, 2023
Bench: Madan Gopal Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 24/2023
Rafiq S/o Gafur Ajmeri, Aged About 46 Years, Kachnara, P.s.
Hatuniya, Dist. Partapgarh (Raj.). (Presently Lodged In Dist. Jail,
Pratapgarh).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ramesh Chandra Purohit, through
VC
Mr. Avinash Bhati
For Respondent(s) : Mohd. Javed Gouri, PP
HON'BLE MR. JUSTICE MADAN GOPAL VYAS
Order
30/01/2023
Learned Public Prosecutor accepts notice on behalf of State.
Heard learned counsel for the appellant and learned Public
Prosecutor on application for suspension of sentence No.24/2023.
Learned counsel for the appellant submits that the recovered
contraband from the accused is below commercial quantity and
the accused-appellant is behind the bars since long. Therefore,
learned counsel for the appellant prays that the sentence awarded
to the accused-appellant may be suspended.
Learned Public Prosecutor vehemently opposed the prayer
made by the learned counsel for the accused-appellant.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
(2 of 3) [SOSA-24/2023]
of the case, this Court is of the opinion that it is a fit case for
suspending the sentence awarded to the accused-appellant.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by the learned Special Judge, NDPS Act Cases,
District Pratapgarh, vide judgment dated 14.12.2022 in Special
Sessions Case No.56/2018 against the appellant-applicant- Rafiq
S/o Gafur Ajmeri 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.1,00,000/- with two
sureties of Rs.50,000/- each to the satisfaction of the learned trial
Judge for their appearance in this Court on 27.02.2023 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:-
1. That he/she/they will appear before the trial
Court in the month of January of every year till
the appeal is decided.
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing
his/her/their 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.
The learned trial Court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
(3 of 3) [SOSA-24/2023]
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/were tried and convicted. A copy of this
order shall also be placed in that file for ready reference. Criminal
Misc. file shall not be taken into account for statistical purpose
relating to pendency and disposal of cases in the trial court. In
case the said accused applicant(s) does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(MADAN GOPAL VYAS),J
134-neha/-
Powered by TCPDF (www.tcpdf.org)
