Naresh Goyal vs State Of Rajasthan
2023 Latest Caselaw 7044 Raj

[2023:RJ-JD:29103]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application No.1130/2023 IN S.B. Criminal Appeal (Sb) No. 1852/2023

1. Naresh Goyal S/o Roop Chand Goyal, Aged About 49 Years, B/c Goyal, R/o Bhattha Colony, Hanumangarh Junction Dist. Hanumangarh (Raj.).

2. Firm M/s Jay Durga Medicos, Through Its Owner Naresh Goyal S/o Roop Chand Goyal, Address- Near Bhagat Singh Chouk, Hanumangarh Junction, Dist. Hanumangarh.

3. Subhas Chandra Wadhwa S/o Dharma Chand, Aged About 66 Years, B/c Hindu, R/o Panjabi Mohalla, Hanumangarh Town Dist. Hanumangarh

4. M/s Prince Distributers Through Its Owner Subhas Chandra Wadhwa S/o Dharma Chand, Aged 66 Years, B/c Hindu, R/o Panjabi Mohalla, Hanumangarh Town Dist. Hanumangarh (Raj.).

5. Raju Khan S/o Naseer Deen Khan, Aged About 50 Years, B/c Musalman, R/o W.no. 31, Kalalo Ka Mohalla, Hanumangarh Junction Dist. Hanumangarh Through Prop. Firm Ms/ Shiv Medical Agency, Medicine Market, Hanumangarh Town Dist. Hanumangarh (Raj.).

6. Mahboob Khan S/o Sh. Safi Mohammad, Aged About 47 Years, B/c Musalman, R/o Prem Nagar, Hanumangarh Town Dist. Hanumangarh (Raj.) Through Owner Of Firm M/s Raja Medical Agency, Address- New Medicine Market, Hanumangarh Town Dist. Hanumangarh.

7. Firm M/s Rja Medical Agency, New Medicine Market, Hanumangarh Town Dist. Hanumangarh.

8. Subhash Jakhar S/o Mukh Ram Jakhad, Aged About 42 Years, V.p.o Deen Garh, Teh. Sangariya, Dist. Hanumangarh Through Prop. Firm M/s Shiv Medical Agency, Medicine Market, Hanumangarh Town Dist. Hanumangarh (Raj.).

9. Dilip Singh Ghotiya S/o Mani Ram, Aged About 48 Years, R/o V.p.o. Nagrana Tehsil Sangariya Dist. Hanumangarh Through Proprietor Firm M/s Shiv Medical Agency Medicine Market Hanumangarh Town Dist. Hanumangarh

[2023:RJ-JD:29103] (2 of 4)

Raj.

10. Firm M/s Shiv Medical Agency, Medicine Market Hanumangarh Town Dist. Hanumangarh Raj. Thorugh Its Partners Dilip Singh Ghotiya S/o Mani Ram And Subhash Jakhar S/o Mukh Ram Jakhad And Raju Khan S/o Naseer Deen Khan

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

----Respondent

For Appellant(s) : Mr. Vivek Sharma For Respondent(s) : Mr. S.S. Rajpurohit, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

12/09/2023

1. The instant application for suspension of sentence has been

moved on behalf of the applicants in the matter of judgment dated

29.08.2023 passed by the learned Sessions judge, Hanumangarh

in Criminal Case No.06/2015 whereby they were convicted and

sentenced to suffer maximum imprisonment of 01 year under

Section 27(d) of the Drug & Cosmetics Act.

2. It is contended on behalf of the applicants 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-

petitioners has already been suspended by the trial court. They

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

[2023:RJ-JD:29103] (3 of 4)

to them; 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-applicants for

releasing the petitioners 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 the accused-

petitioners were 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 Sessions judge, Hanumangarh who

passed the impugned order 29.08.2023 in Criminal Case

No.06/2015 against the petitioners-applicant- Naresh Goyal S/o

Roop Chand Goyal, Firm M/s Jay Durga Medicos, Subhas Chandra

Wadhwa S/o Dharma Chand, M/s Prince Distributers Through Its

Owner Subhas Chandra Wadhwa S/o Dharma Chand, Raju Khan S/

o Naseer Deen Khan, Mahboob Khan S/o Sh. Safi Mohammad,

[2023:RJ-JD:29103] (4 of 4)

Firm M/s Rja Medical Agency, Subhash Jakhar S/o Mukh Ram

Jakhad, Dilip Singh Ghotiya S/o Mani Ram and Firm M/s Shiv

Medical Agency shall remain suspended till final disposal of the

aforesaid appeal and they shall be released on bail provided the

execute a personal bond in the sum of Rs.50,000/-with two

sureties of Rs.25,000/- each to them to the satisfaction of the

learned trial Judge for their appearance in this court on

12.10.2023 and whenever ordered to do so till the disposal of the

appeal on the conditions indicated below:-

(1) That they 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, they 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 180-Samvedana/-

Powered by TCPDF (www.tcpdf.org)