Munshiram vs State Of Rajasthan
2023 Latest Caselaw 7131 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODH-

PUR S.B. Criminal Misc. Suspension of Sentence Application No.1142/2023

In

S.B. Criminal Appeal (SB) No. 1881/2023

1. Munshiram S/o Shri Arjunram, Aged About 50 Years, R/o Ward No. 22, Hanumangarh Town, Teh. And Dist. Hanumangarh.

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

----Respondent

For Appellant(s) : Mr. Jeetendra Singh Khichi For Respondent(s) : Mr. S.K. Bhati, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

13/09/2023

1. The instant application for suspension of sentence has been

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

29.08.2023 passed by the learned District & Sessions Judge,

Hanumangarh in Sessions Case No.06/2015 whereby he was

convicted and sentenced to suffer imprisonment of one year's sim-

ple imprisonment along with a fine of Rs.20,000/- under Section

27(d) of Drugs & Cosmetics Act, 1940.

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

(2 of 3)

appreciated again by this court being the first appellate Court. He

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

to him; 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-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. 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 that the accused-appellant

was 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-appellant.

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 District & Sessions Judge,

Hanumangarh who passed the impugned order dated 29.08.2023

in Sessions Case No.06/2015 against the appellant-applicant-

Munshiram S/o Shri Arjunram shall remain suspended till final

disposal of the aforesaid appeal and he shall be released on bail

(3 of 3)

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 13.10.2023

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 addresses, they will give in writing their changed address to the trial Court.

(FARJAND ALI),J 242-divya/-

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