Atul vs State Of Rajasthan
2023 Latest Caselaw 8088 Raj

[2023:RJ-JD:33238]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application No.717/2023 IN S.B. Criminal Appeal (Sb) No. 1082/2023

Atul S/o Dayaram, Aged About 25 Years, R/o Rawatsar, Tehsil Rawatsar, District Hanumangarh, Raj (At Present Lodged In Central Jail Bikaner)

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

----Respondent

For Appellant(s) : Mr. I.R. Choudhary Mr. Pawan Bharti 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)

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 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)

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- Atul S/o Dayaram

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)

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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