Rajasthan High Court - Jodhpur
Raju @ Rajkumar vs State Of Rajasthan on 5 October, 2023
Bench: Farjand Ali
[2023:RJ-JD:33010]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension of Sentence Application
No.1317/2023
IN
S.B. Criminal Appeal (Sb) No. 2157/2023
Raju @ Rajkumar S/o Shri Prem Kumar, Aged About 41 Years, R/
o Kiliyawali Ps Lambi Dist. Muktsar Punjab Presently Lodged At
Sub Jail Nohar
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Vinod Kumar Sihag
For Respondent(s) : Mr. Mahipal Bishnoi, P.P.
HON'BLE MR. JUSTICE FARJAND ALI
Order
05/10/2023
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment of
conviction dated 19.09.2023 and order of sentence dated
21.09.2023 passed by the learned Special Judge (NDPS Act
Cases), (Additional Session Judge No.1), Nohar, District
Hanumangarh in Session (CIS) Case No.46/2016 whereby he was
convicted and sentenced to suffer maximum imprisonment of 07
years under Section 8/15 & 8/15 R/w section 25 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:33010] (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 particularly looking to the fact that the accused
petitioner has remained in custody for four years and six months
till date, thus, looking to the term of sentence and the fact 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 Special Judge (NDPS Act Cases),
(Additional Session Judge No.1), Nohar, District Hanumangarh
vide order dated 21.09.2023 (judgment of conviction dated
19.09.2023) passed in Session (CIS) Case No.46/2016 against the
[2023:RJ-JD:33010] (3 of 3)
petitioner-applicant- Raju @ Rajkumar S/o Shri Prem Kumar 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 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
206-Samvedana/-
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