Prem Kumar vs State Of Rajasthan
2023 Latest Caselaw 7911 Raj

[2023:RJ-JD:32484]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application No.1276/2023 IN S.B. Criminal Appeal (Sb) No. 2121/2023

Prem Kumar S/o Shri Prithvi Raj, Aged About 40 Years, R/o- Village Tatarsar (50 Np) Police Station Sameja Kothi, District Sri Ganganagar, Raj. (At Present Lodged In Central Jail, Sri Ganganagar)

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

----Respondent

For Appellant(s) : Mr. S.R. Godara For Respondent(s) : Mr. Anees Bhurat, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

04/10/2023

1. The instant application for suspension of sentence has been

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

16.09.2023 passed by the learned Additional Sessions Judge No.1,

Raisinghnagar, District Sri Ganganagar in Session Case

No.19/2016 (CIS No.01/2016) whereby he was convicted and

sentenced to suffer maximum imprisonment of 07 years under

Section 8/18 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 likely to

[2023:RJ-JD:32484] (2 of 3)

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

de-marketed 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 Additional Sessions Judge No.1,

Raisinghnagar, District Sri Ganganagar who passed the impugned

order 16.09.2023 in Session Case No.19/2016 (CIS No.01/2016)

against the petitioner-applicant- Prem Kumar S/o Shri Prithvi Raj

shall remain suspended till final disposal of the aforesaid appeal

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

[2023:RJ-JD:32484] (3 of 3)

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 03.11.2023 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 56-Samvedana/-

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