Bahadur @ Badar vs State Of Rajasthan
2023 Latest Caselaw 7913 Raj

[2023:RJ-JD:32488]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application No.1251/2023 IN S.B. Criminal Appeal (Sb) No. 2064/2023

Bahadur @ Badar S/o Lalu Gurjar, Aged About 38 Years, R/o Dabra Khurd Ps Ratangarh Dist. Neemach M.p. At Present Lodged In Dist. Jail Chittorgarh

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

----Respondent

For Appellant(s) : Mr. R.K. Charan 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

14.09.2023 passed by the learned Special Judge, NDPS Act Cases

No.2, Chittorgarh in Sessions Case No.47/2019 (37/2018)

whereby he was convicted and sentenced to suffer maximum

imprisonment of 02 years under Section 8/15 of 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. The sentence of the accused-

petitioner has already been suspended by the trial court. He was

on bail during trial and did not misuse the liberty so granted to

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him; 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

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 accused-petitioner was 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

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 Judge, NDPS Act Cases No.2,

Chittorgarh who passed the impugned order 14.09.2023 in

Sessions Case No.47/2019 (37/2018) against the petitioner-

applicant- Bahadur @ Badar S/o Lalu Gurjar shall remain

suspended till final disposal of the aforesaid appeal and he shall be

[2023:RJ-JD:32488] (3 of 3)

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 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 52-Samvedana/-

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