Badiya vs State Of Rajasthan ...
2023 Latest Caselaw 2609 Raj

[2023/RJJD/007970]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 118/2023

IN

S.B. Criminal Appeal No. 1402/2022

Badiya S/o Sh. Tolia Usniya, Aged About 40 Years, Opposite Tower, Umra Dara, PS Kakanwani, Dist. Jhabua, Mp. (At Present Lodged In Dist. Jail, Pratapgarh).

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

----Respondent

For Petitioner(s) : Mr. Ramesh Chandra For Respondent(s) : Mr. Javed Gouri, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

29/03/2023

The instant application for suspension of sentence has been

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

31.01.2023 passed by the learned Special Judge, NDPS Cases,

Pratapgarh, in Special Sessions Case No.07/2017 whereby he was

convicted and sentenced to suffer maximum imprisonment of 3

years rigorous imprisonment along with fine of Rs.30,000/- under

Section 8/15 NDPS Act.

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 this court being

the first appellate Court. Hearing of the appeal is likely to take

[2023/RJJD/007970] (2 of 3) [SOSA-118/2023]

long time, therefore, the application for suspension of sentence

may be granted.

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.

Heard learned counsel for the parties and perused the

material available on record.

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.

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,

Pratapgarh, in Special Sessions Case No.07/2017 against the

appellant-applicant- Badiya S/o Sh. Tolia Usniya 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

[2023/RJJD/007970] (3 of 3) [SOSA-118/2023]

court on 01.05.2023 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 addresses, they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 92-Ashutosh/-

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