Rajasthan High Court - Jodhpur
Navneet @ Naveen vs State Of Rajasthan ... on 6 October, 2023
Bench: Farjand Ali
[2023:RJ-JD:33238]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 427/2023
Navneet @ Naveen S/o Het Ram, Aged About 23 Years, 22 Ndr,
Police Station Hanumangarh District Hanumangarh. (At Present
Lodged At Sub Jail, Nohar).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. R.S. Choudhary
For Respondent(s) : Mr. Abhishek Purohit, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
06/10/2023
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
15.04.2023 passed by the learned Special Judge (N.D.P.S. Cases)
(Additional Sessions Judge No.1), Nohar District Hanumangarh in
Criminal Case No.73/2019 whereby he was convicted and
sentenced to suffer maximum imprisonment of 15 years under
Section 8/22 & 8/22 r/w 29 of N.D.P.S. 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:33238] (2 of 4) [SOSA-427/2023]
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 looking to the totality of facts and circumstances of
the case, more particularly the facts/fact that nothing
incriminating has been recovered from this applicant and he has
been made accused in this case simply on the basis of statement
of the co-accused. The admissibility of which would always be
open to moot. The evidence relied upon by the prosecution, call
data record in between the present applicant and the principal
accused named Dhanna Ram is available, however, the evidence
to this effect has to be scrutinized again by this Court so as to
examine the legality whether the evidence aforesaid is sufficient
enough to bring home the guilt. He is behind the bars for last
more than four years and 6 months and the appeal has already
been admitted. 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.
[2023:RJ-JD:33238] (3 of 4) [SOSA-427/2023]
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 (N.D.P.S. Cases)
(Additional Sessions Judge No.1), Nohar District Hanumangarh
who passed the impugned order 15.04.2023 in Criminal Case
No.73/2019 against the petitioner-applicant- Navneet @ Naveen
S/o Het Ram 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 06.11.2023 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.
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
[2023:RJ-JD:33238] (4 of 4) [SOSA-427/2023]
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
2-Samvedana/-
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