Suresh vs State Of Rajasthan ...
2023 Latest Caselaw 7074 Raj

[2023:RJ-JD:29129]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1018/2023 In S.B. Criminal Appeal No.1633/2023

Suresh S/o Ramnarayan Gujar, Aged About 31 Years, Bardiya, P.s. Ratajana, Dist. Pratapgarh (Raj.). (Presently Lodged At Dist. Jail Chittorgarh).

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

----Respondent

For Petitioner(s) : Mr. Hukum Singh Chouhan For Respondent(s) : Mr. S.K. Bhati, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

12/09/2023

1. The instant application for suspension of sentence under

Section 389 CrPC has been preferred on behalf of the appellant-

applicant Suresh S/o Ramnarayan Gurjar who has been convicted

and sentenced for the offence under Section 8/15 of the NDPS Act

vide the judgment dated 04.07.2023 passed by the learned

Special Judge, NDPS Cases No.2, Chittorgarh in Sessions Case

No.141/2014 (23/2012).

2. Heard learned counsel for the parties and perused the

material available on record.

3. Learned counsel for the applicant-appellant submits that as

per the judgment dated 04.07.2023, the appellant was found in

possession of 47 Kgs poppy husk in the year 2013 and after trial,

he was convicted under Section 8/15 of the NDPS Act and

sentenced to seven years rigorous imprisonment along with fine

[2023:RJ-JD:29129] (2 of 3) [SOSA-1018/2023]

of Rs.7,000/- ad in default to further undergo six months RI and

presently he is in custody and the sentence of co-accused Arjun @

Nilesh has already been suspended by the Coordinate Bench of

this Court vide order dated 15.06.2022 passed in S.B. Criminal

Misc. Suspension of Sentence Application No.434/2022.He further

submits that the recovered quantity of contraband is below

commercial quantity, thus, provisions of Section 37 of the NDPS

Act are not applicable. Hearing of the appeal will consume time,

therefore, sentence awarded to the accused-appellant be

suspended during pendency of appeal.

4. Considering the overall facts and circumstances of the case

and having regard to the entirety of the facts and circumstances

of the case and the fact sentence of co-accused Arjun @ Nilesh

has already been suspended by the Coordinate Bench of this Court

and looking to the fact that recovered quantity of contraband is

below commercial quantity, thus, provisions of Section 37 of the

NDPS Act are not applicable, this court is of the view that it is a fit

case for grant of indulgence of bail to the appellant-applicant by

suspending the sentences awarded to him by the trial court during

the pendency of the appeal.

5. Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

sentences passed by the learned Special Judge, NDPS Cases No.2,

Chittorgarh, vide judgment dated 04.07.2023 in Sessions Case

No.141/2014 (23/2012) against the appellant-applicant Suresh

S/o Ramnarayan Gurjar 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.1,00,000/-

[2023:RJ-JD:29129] (3 of 3) [SOSA-1018/2023]

with two sureties of Rs.50,000/- each to the satisfaction of the

learned trial Judge for his 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 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.

6. 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

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 189-Mamta/-

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