Sharafat Khan vs State Of Rajasthan
2023 Latest Caselaw 8905 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Bail Application (Suspension of Sentence) No.1448/2023

In

S.B. Criminal Appeal (Sb) No. 2355/2023

Sharafat Khan S/o Shri Sher Khan, Aged About 47 Years, R/o Sakriya Ps Rathanjana Dist. Pratapgarh Raj. At Present Lodged In Dist. Jail Prataptarh

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

----Respondent

For Appellant(s) : Mr. Vijay Kr. Gaur For Respondent(s) : Mr. A.R. Choudhary, Dy.G.A.

HON'BLE MR. JUSTICE FARJAND ALI

Order

01/11/2023

1. The instant application for suspension of sentence has been

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

26.10.2023 passed by the learned Special Judge, NDPS Cases,

Pratapgarh in Sessions Case No.09/2022 whereby he was

convicted and sentenced under Section 8/20 of the NDPS Act and

to suffer imprisonment of one year's simple imprisonment along

with fine of Rs.10,000/- and in default to undergo one month's

S.I.

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

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appreciated again by this court being the first appellate Court. He

is in jail since his arrest and the 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 looking to the totality of facts and circumstances of

the case, more particularly the facts that the accused-appellant is

in jail since his arrest 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 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 Cases,

Pratapgarh passed the impugned order dated 26.10.2023 in

Sessions Case No.09/2022 against the appellant-applicant-Sharaft

Khan shall remain suspended till final disposal of the aforesaid

appeal and he shall be released on bail provided he executes a

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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 02.12.2023 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.

7. 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 252-Mamta/-

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