Ravindra Kumar vs State Of Rajasthan ...
2023 Latest Caselaw 4176 Raj

[2023/RJJD/013812]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 309/2023

Ravindra Kumar S/o Birbal Ram, Aged About 29 Years, R/o Chhoti Chandedi Ps Pallu Dist. Hanumangarh Rajj. (At Present Lodged In Dist. Jail Hanumangarh)

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

----Respondent

For Petitioner(s) : Mr. Kunwar Prikshit Raj Deora For Respondent(s) : Mr. Arun Kumar, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

05/05/2023

1. The instant application for suspension of sentence has been

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

conviction dated 29.03.2023 and order of sentence dated

31.03.2023 passed by the learned Special Judge (NDPS Cases)

Additional Session Judge No.1, Nohar, District Hanumangarh in

Special Case CIS No.5/2005 whereby he was convicted and

sentenced to suffer imprisonment of 14 years rigorous

imprisonment along with a fine of Rs.1,00,000/- under Section

8/2022 read with section 29 of NDPS Act.

2. It is contended on behalf of the applicant that The principle

accused Bhawani Shanker who was apprehended by the police

team at the spot and from whose possession the contraband was

recovered has been acquitted by the learned trial Judge by the

same judgement on the ground of non compliance of Section 42 of

[2023/RJJD/013812] (2 of 4) [SOSA-309/2023]

NDPS Act and only the petitioner has been convicted and

sentenced for the accusation of facilitating the crime. He further

contends 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 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 and in view of the judgment passed by Hon'ble the

Supreme Court in the case of Vijaysingh Chandubala Jadeja

Vs. State of Gujarat reported in AIR 2011 SC 77 that non

compliance of Section 42 of the NDPS Act vitiates the entire

recovery, now the question would arise as to whether a person

from whose possession the contraband was recovered gets

acquittal yet on the same set of evidence, a person can be

convicted for the accusation of facilitating the crime. Surely, it

would be the subject of this appeal which will take a long time.

6. Thus, looking to the totality of facts and circumstances of the

case, more particularly the fact that hearing of appeal is likely to

[2023/RJJD/013812] (3 of 4) [SOSA-309/2023]

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 the appellant has an arguable case and feels persuaded to

accept the prayer made by the appellant.

7. 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)

Additional Session Judge No.1, Nohar, District Hanumangarh who

passed the impugned order dated 31.03.2023 Special Case CIS

No.5/2005 against the appellant-applicant- Ravindra Kumar S/o

Birbal Ram 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 06.05.2023 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.

[2023/RJJD/013812] (4 of 4) [SOSA-309/2023]

8. The learned trial Court shall keep the record of attendance of

the accused-applicant in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

applicant was 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 does not appear before the trial court, the

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

(FARJAND ALI),J 90-divya/-

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