Kala Singh vs State Of Rajasthan
2023 Latest Caselaw 8907 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.1382/2023

In

S.B. Criminal Appeal (Sb) No. 2239/2023

1. Kala Singh S/o Shri Beera Singh, Aged About 32 Years, R/ o Chaurda Ps Sadar Malot Punjab Presently Lodged At Jail Sun Jail Nohar

2. Veerpal Kaur W/o Shri Jodha Singh, Aged About 47 Years, R/o Chaurda Ps Sadar Malot Punjab Presently Lodged At Jail Sun Jail Nohar

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

----Respondent

For Appellant(s) : Mr. Vinod Kumar Sihag For Respondent(s) : Mr. Abhishek Purohit, AGA

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 applicants in the matter of judgment dated

30.09.2023 passed by the learned Special Judge (NDPS Act

Cases) (Additional Sessions Judge No.1), Nohar, District-

Hanumangarh in Sessions Case No.52/2016 whereby they were

convicted and sentenced to suffer five years' rigorous

imprisonment along with a fine of Rs.50,000/- under Section 8/15

of NDPS Act.

(2 of 3)

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

contraband is well below demarcated commercial quantity. 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. They were on bail during trial and did not misuse

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 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 recovered contraband is well

below demarcated commercial quantity, the embargo contained

under Section 32-A and 37 of NDPS Act is not attracted in this

case as well as the fact that accused-appellants were 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 court is of the opinion

(3 of 3)

that it is a 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 Special Judge (NDPS Act Cases)

(Additional Sessions Judge No.1), Nohar, District-Hanumangarh

who passed the impugned order 30.09.2023 in Sessions Case

No.52/2016 against the appellant-applicants- Kala Singh S/o

Shri Beera Singh and Veerpal Kaur W/o Shri Jodha Singh

shall remain suspended till final disposal of the aforesaid appeal

and they shall be released on bail provided each of them execute

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 01.12.2023 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 53-divya/-

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