Daya Ram Kumawat vs State Of Rajasthan
2023 Latest Caselaw 9090 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application No.1451/2023

IN

S.B. Criminal Appeal (SB) No. 2372/2023

Daya Ram Kumawat S/o Shri Ladu Lal Kumawat, Aged About 50 Years, R/o Devariya Phulliya Kalla Ps Dist. Bhilwara Lodged In Dist. Jail Bhilwara

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

----Respondent

For Appellant(s) : Mr. Neeraj Kumar Gurjar 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 30.10.2023 passed by the learned Special Sessions

Judge, NDPS Act Cases, Bhilwara in Sessions Case

No.10/2018 whereby the appellant was convicted and

sentenced to suffer maximum punishment of two years

rigorous imprisonment along with compensation fine of

Rs.20,000/- under Section 8/15 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

(2 of 3) [SOSA-1451/2023]

appreciated again by this court. 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 petitioner on application for suspension of

sentence.

4. Heard and perused the material available on record.

5. Considering the submissions of learned counsel for the parties

and considering that the recovered contraband is below the

demarcated commercial quantity and for that the embargo

contained under Section 32-A & 37 of NDPS Act are not

applicable. Looking to the totality of facts and circumstances

of the case, more particularly the facts/fact that 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-

petitioner.

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 Sessions Judge, NDPS Act

Cases, Bhilwara in Sessions Case No.10/2018 against the

petitioner-applicant- Daya Ram Kumawat S/o Shri Ladu

(3 of 3) [SOSA-1451/2023]

Lal Kumawat 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 addresses, they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 130-Ashutosh/-

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