Rajasthan High Court - Jodhpur
Pushkar Das vs State Of Rajasthan on 10 May, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Bail Application NO. 463/2023
in
S.B. Criminal Appeal No. 575/2023
Pushkar Das S/o Jagdish Das, Aged About 42 Years, Bhuwasiya,
At Present R/o Bajni, Rathanjana Police Station, Pratapgarh,
Dist. Pratapgarh. (Lodged In Dist. Jail, Pratapgarh).
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. NK Gurjar
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
10/05/2023
Heard of application for suspension of sentence.
Perused the judgment impugned.
The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
29.4.2023 passed by the learned Special Judge, NDPS Act Cases,
Pratapgarh in Sessions Case No. 13/2020 whereby he was
convicted for the offence under Section 8/18 of the NDPS Act and
was awarded the sentence for a period of four years RI and fine of
Rs. 40,000/-, in default of payment of fine to further undergo
Addl. Four months RI.
It is contended that the learned trial Judge has not
appreciated the correct, legal and factual aspects of the matter
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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.
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 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 and also considering the overall submissions of the
parties and looking to the totality of facts and circumstances of
the case, 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 Act Cases,
Pratapgarh in Sessions Case No. 13/2020 against the appellant-
applicant-Pushkar Das S/o Jagdish Das Ram shall remain
suspended till final disposal of the aforesaid appeal and he shall be
released on bail provided he execute(s) a personal bond in the
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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 12.6.2023 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.
2. That if the applicant(s) change(s) the place of
residence, he/she/they will give in writing his/her/their
changed address(es) 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.
The learned trial Court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/were 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(s) does(do) 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.
ns.
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