Ashok Kumar vs State Of Rajasthan
2023 Latest Caselaw 9091 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.1401/2023 In S.B. Criminal Appeal (Sb) No. 2259/2023

Ashok Kumar S/o Jagga Ram, Aged About 28 Years, R/o- Village Dhudhali, Rohat Police Station, Pali, District Pali (Lodged In District Jail, Jalore)

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

----Respondent

For Appellant(s) : Mr. Vijay Raj Bishnoi For Respondent(s) : Mr. Abhishek Purohit, AGA

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

09.10.2023 passed by the learned Special Judge, NDPS Act Cases,

Bhinmal, District- Jalore in Sessions (NDPS) Case No.60/2016

whereby he was convicted and sentenced to suffer ten years'

rigorous imprisonment along with a fine of Rs.1,00,000/- under

Section 8/18 of NDPS Act.

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. He was on bail during trial and did not misuse the

liberty so granted to him; hearing of the appeal is likely to take

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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 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 appellant was on bail during

trial and did not misuse the liberty so granted to him 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 learned Special Judge, NDPS Act

Cases, Bhinmal, District- Jalore who passed the impugned order

dated 09.10.2023 in Sessions (NDPS) Case No.60/2016 against

the appellant-applicant- Ashok Kumar S/o Jagga Ram shall

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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.

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 1-divya/-

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