Rajasthan High Court - Jodhpur
Ramesh Gurjar @ Raamesh Gurjar vs State Of Rajasthan ... on 4 November, 2023
Bench: Farjand Ali
[2023:RJ-JD:37910]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. IInd Suspension Of Sentence Application
(Appeal) No. 1472/2023
Ramesh Gurjar @ Raamesh Gurjar S/o Shri Lehru, Aged About
24 Years, By Cate Gurjar, R/o Ratanpura, Police Station Kareda,
District Bhilwara. (At Present Lodged In District Jail, Bhilwara).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Rakesh Matoria
For Respondent(s) : Mr. A.R. Choudhary, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
04/11/2023
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment
dated 12.01.2021 passed by the learned Special Judge,
NDPS Act Cases, Bhilwara in Sessions Case No.20/2018
whereby the appellant was convicted and sentenced to suffer
maximum punishment of 10 years rigorous imprisonment
along with compensation fine of Rs.1,00,000/- under Section
8/20 of the 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. Hearing of the appeal is
[2023:RJ-JD:37910] (2 of 3) [SOSA-1472/2023]
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 petitioner on application for suspension of
sentence.
4. Heard learned counsel for the parties and perused the
material available on record.
5. I have considered the submissions made by both the parties
and have perused the material available on record. It is not
disputed that the similarly situated co-accused Suresh Gurjar
has already been enlarged on bail by this Court vide order
dated 30.10.2023 in S.B. Criminal Misc. II nd Suspension of
Sentence application No.827/2023 and the case of the
present petitioner, the quality of evidence and the nature of
accusation are not distinguishable. Thus, on the ground of
parity and on the ground that 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 Act
Cases, Bhilwara in Sessions Case No.20/2018 against the
[2023:RJ-JD:37910] (3 of 3) [SOSA-1472/2023]
appellant-applicant Ramesh Gurjar @ Raamesh Gurjar
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 04.12.2023 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
address(s), they will give in writing their
changed address to the trial Court.
(FARJAND ALI),J
157-Ashutosh/-
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