Rajasthan High Court - Jodhpur
Jitendra Singh vs State Of Rajasthan ... on 30 October, 2023
Bench: Farjand Ali
[2023:RJ-JD:36636]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1200/2023
Jitendra Singh S/o Shri Jujhar Singh, Aged About 39 Years, R/o
Richhawara Police Station Hathuniya, District Pratapgarh
(At Present Lodged In District Jail, Pratapgarh).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Ramesh Chandra Purohit
For Respondent(s) : Mr. S.K. Bhati, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
30/10/2023
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment
dated 13.07.2020 passed by learned Special Judge, NDPS
Cases, Pratapgarh in Sessions Case No.03/2019 whereby the
appellant was convicted and sentenced to suffer maximum
punishment of 10 years rigorous imprisonment along with
compensation fine of Rs.1,00,000/- under Section 8/15 of
the NDPS Act.
2. It is contended 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 being the first appellate Court. Hearing of the
[2023:RJ-JD:36636] (2 of 3) [SOSA-1200/2023]
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 by learned counsel for the
accused-applicant for releasing the appellant on application
for suspension of sentence.
4. Heard learned counsel for the parties and perused the
material available on record.
5. The petitioner is behind the bars since last more than five
years and the total sentence is not more than 10 years. As
per the memo of appeal, the mandatory provision of the
NDPS Act has not been complied with stricto sensu. A
perusal of the record prima facie revealing that there is a
defect in respect of the compliance under Section 42 of the
NDPS Act. There is further defect of not sending the sample
within stipulated 72 hours. Various grounds have been raised
with regard to the flaws and latches in the case of the
prosecution, thus, it can be said that the appellant has a
strong arguable case in his favour and hearing of appeal is
not a seeming fate in the near future. The total recovered
contraband is 58 kgs of poppy husk which is only eight kgs
more than demarcated commercial quantity. 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-
appellant.
[2023:RJ-JD:36636] (3 of 3) [SOSA-1200/2023]
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, NDPS Cases,
Pratapgarh in Sessions Case No.03/2019 against the
appellant-applicant Jitendra Singh S/o Shri Jujhar Singh
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 30.11.2023 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
address(s), they will give in writing their
changed address to the trial Court.
(FARJAND ALI),J
108-Ashutosh/-
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