Vijay Kumar S/O Late Hajararam vs State Of Rajasthan
2023 Latest Caselaw 7 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

      S.B. Criminal Misc. Suspension of Sentence Application
                             No. 1216/2022
                                       In
               S.B. Criminal Appeal No. 1858/2022

Vijay Kumar S/o Late Hajararam, Aged About 34 Years, R/o
Village Raghuchak, P.s. Gaguwal District Samba, Jammu Kashmir
(At Present Confined In Central Jail, Jaipur)
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through P.p
                                                                ----Respondent

For Appellant(s)         :     Mr. N.K. Meena
For Respondent(s)        :     Mr. S.S. Mahla, PP



             HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

02/01/2023

Heard learned counsel for the accused appellant and learned

Public Prosecutor on the application for suspension of sentence

and perused the judgment impugned dated 06.09.2022 passed by

learned Special Judge, NDPS Cases, Jaipur Metro-I whereby the

accused appellant has been convicted for the offence punishable

under sections 8/15 of NDPS Act and has been sentenced to

maximum 7 years rigorous imprisonment along with fine of Rs.

70,000/- in default of payment of fine 6 months additional RI.

Learned counsel for the accused-appellants submits that a

false case has been foisted against the appellant. The alleged

recovery has not been made from the exclusive and conscious

possessions of the appellant. The mandatory provisions of Act

have not been complied with. The independent witnesses have not

(2 of 3) [SOSA-1216/2022]

supported the case of the prosecution and have turned hostile.

The embargo contained in Sections 37 and 32A of NDPS Act is not

attracted.

Learned Public Prosecutor vehemently opposes the prayer

made by learned counsel for the accused-appellant.

The accused-appellant was on bail during the trial and

presently is behind the bars and the hearing of appeal is likely to

take further more time, therefore, considering the overall

submissions and 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.

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 Cases,

Jaipur Metro-I, vide judgment dated 06.09.2022 in Sessions Case

No. 22/2018 against the appellant-applicant Vijay Kumar S/o Late

Hajararam 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

Judge for their appearance in this court on 04.02.2023 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.

(3 of 3) [SOSA-1216/2022]

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.

(FARJAND ALI),J

PREETI VALECHA /40

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