Raju Mohammed vs Union Of India ...
2023 Latest Caselaw 5015 Raj

[2023/RJJD/016295]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 136/2023

1. Raju Mohammed S/o Nanu Mohammed, Aged About 34 Years, Vill. Redwas, Teh. Kotdi P.S. Kotdi Dist. Bhilwara. (Presently Lodged In Sub Jail, Deedwana).

2. Vikram @ Chawand Singh S/o Man Singh, Aged About 27 Years, Vill. Redwas, Teh. Kotdi P.S. Kotdi Dist. Bhilwara. (Presently Lodged In Sub Jail, Deedwana).

3. Dinesh S/o Rameshwar Jat, Aged About 31 Years, Vill.

Redwas, Teh. Kotdi P.S. Kotdi Dist. Bhilwara. (Presently Lodged In Sub Jail, Deedwana).

----Petitioners Versus

1. Union Of India, Through CBN

2. State, Through PP

----Respondents

For Petitioner(s) : Mr. Rakesh Matoria For Respondent(s) : Mr. M.R. Pareek, SPP Mr. A.R. Choudhary, PP

HON'BLE MR. JUSTICE FARJAND ALI Order 19/05/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment

dated 09.02.2023 passed by learned Additional Sessions

Judge (Special Judge, N.D.P.S. Act Cases) Ladnun District

Nagaur in Sessions Case No.46/2022 (22/2016) (04/2016)

whereby appellants No. 1 and 2 were convicted and

sentenced to suffer maximum punishment of 5 years

rigorous imprisonment along with fine of Rs.25,000/- under

Sections 8/18 NDPS Act as well as appellant No.3 was

[2023/RJJD/016295] (2 of 3) [SOSA-136/2023]

convicted and sentenced to suffer maximum punishment of 5

years rigorous imprisonment along with fine of Rs.25,000/-

under Sections 8/29 NDPS Act.

2. 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

appreciated again by this court being the first appellate

Court. They were on bail during the trial and never misused

the liberty so granted to them. Hearing of the appeal is likely

to take long time, therefore, the application for suspension

of sentence may be granted.

3. Per contra, learned Special Public Prosecutor and learned

Public Prosecutor have vehemently opposed the prayer made

on behalf of the accused-applicants for releasing the

appellants on application for suspension of sentence.

4. Heard learned counsel for the and perused the material

available on record.

5. Upon consideration of the grounds raised in the memo of the

appeal, looking to the totality of facts and circumstances of

the case, more particularly the facts that the recovered

contraband is well below the demarcated commercial

quantity and as such the embargo contained under Sections

32 and 37 of the NDPS Act is not attracted and without

commenting 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

[2023/RJJD/016295] (3 of 3) [SOSA-136/2023]

fit case for suspending the sentence awarded to the accused-

appellants.

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 Additional Sessions Judge

(Special Judge, N.D.P.S. Act Cases) Ladnun District Nagaur

in Sessions Case No.46/2022 (22/2016) (04/2016) against

the appellants-applicants- 1. Raju Mohammed S/o Nanu

Mohammed, 2. Vikram @ Chawand Singh S/o Man

Singh, 3. Dinesh S/o Rameshwar Jat shall remain

suspended till final disposal of the aforesaid appeal and they

shall be released on bail provided each of them 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 their appearance in this Court on 16.06.2023 and

whenever ordered to do so till the disposal of the appeal on

the conditions indicated below:-

1. That they will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicants change the place of residence, they will give in writing their changed addresses 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 79-Ashutosh/-

Powered by TCPDF (www.tcpdf.org)