Angrej Singh vs State Of Rajasthan
2023 Latest Caselaw 2149 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Application for Suspension of Sentence No.865/2022 In S.B. Criminal Appeal (Sb) No. 1483/2022 Angrej Singh S/o Sh. Balkar Singh, Aged About 27 Years, B/c Raisikh R/o Mohaammadpur Sotar Ps Bhunna Dist. Fatehabad Haryana (Presently Lodged In Central Jail Ajmer)

----Appellant Versus State Of Rajasthan, Through P.P.

----Respondent

For Appellant(s) : Mr. Gurdeep Singh, Present-in-Person For Respondent(s) : Mr. Gourav Singh, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

10/03/2023

Lawyers are abstaining from appearing before the court. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment dated

28.07.2022 passed by the learned Special Judge, NDPS Cases,

Bhilwara in Sessions Case No.33/2017 whereby he was convicted

and sentenced to suffer maximum imprisonment of four years'

rigorous imprisonment along with fine of Rs.50,000/- under

Section 8/15 and 8/25 of NDPS Act.

It is contended on behalf of the applicant 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

(2 of 3) [SOSA-865/2022]

appreciated again by this court being the first appellate Court. He

was on bail during trial and did not misuse the liberty so granted

to him; hearing of the appeal is likely to take long time, therefore,

the application for suspension of sentence may be granted.

Per contra, learned public prosecutor has vehemently

opposed the prayer made on behalf of the accused-applicant for

releasing the appellant on application for suspension of sentence.

Heard and perused the material available on record.

Considering the submissions based in the memo of appeal as

well as the plea that the matter pertains to recovery of contraband

poppy husk which is weighed below the demarcated commercial

quantity for which the fetter contained in Section 37 of the NDPS

Act is not applicable as well as considering that the entire

evidence is required to be appreciated again by this Court and

looking to the totality of facts and circumstances of the case, more

particularly the facts that the accused-appellant was on bail during

the course of trial and the 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.

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, Bhilwara

(3 of 3) [SOSA-865/2022]

who passed the impugned order dated 28.07.2022 in Sessions

Case No. 33/2017 against the appellant - applicant- Angrej Singh

S/o Sh. Balkar Singh Singh 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 his appearance in this court on 11.04.2023

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/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 addresses, they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 3-divya/-

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