Mangi Lal vs State Of Rajasthan
2023 Latest Caselaw 3906 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.140/2023

In

S.B. Criminal Appeal No. 213/2023

Mangi Lal S/o Madan Lal Kumawat, Aged About 53 Years, Mansa, P.s. Mansa Dist. Nimach (M.p.). (At Present Lodged In Dist. Jail, Chittorgarh).

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

----Respondent

For Appellant(s) : Mr. Birbal Ram Bishnoi For Respondent(s) : Mr. Gaurav Singh, AGA

HON'BLE MR. JUSTICE FARJAND ALI

Order

02/05/2023

1. 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 Act Cases

No.2, Chittorgarh in Sessions Case No.63/2017 (60/2016)

whereby he was convicted and sentenced to suffer maximum

imprisonment of three years' rigorous imprisonment along with a

fine of Rs.30,000/- under Section 8/25 of NDPS Act and lesser

punishment for the other offence under Section 8/29 of NDPS Act.

2. It is contended on behalf of the applicant that the total

sentence awarded to the appellant is not more than three years as

only the recovery of two kilogram of poppy husk was fastened

upon him. He is behind the bars for more than two and a half

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years. He further submits 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. He was on bail during trial and did not

misuse the liberty so granted to him; There is a strong arguable

case in his favour. Hearing of the appeal is likely to take long time,

therefore, the application for suspension of sentence may be

granted.

3. 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.

4. Heard learned counsel for the parties and perused the

material available on record.

5 Considering the submissions of learned counsel for the

parties as well as considering that the recovered contraband is

below the demarcated commercial quantity and for that the

embargo contained under Section 32-A and 37 of NDPS Act are

not applicable. 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

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court is of the opinion that it is a fit case for suspending the

sentence awarded to the accused-appellant.

6. 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 Act Cases No.2,

Chittorgarh who passed the impugned order dated 31.01.2023 in

Sessions Case No. 63/2017 (60/2016) against the appellant-

applicant- Mangi Lal S/o Madan Lal Kumawat 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 01.06.2023 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 168-divya/-

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