Suresh Kumar Panwar vs State Of Rajasthan
2024 Latest Caselaw 6364 Raj

Rajasthan High Court - Jodhpur

Suresh Kumar Panwar vs State Of Rajasthan on 1 August, 2024

Author: Birendra Kumar

Bench: Birendra Kumar

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR



 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                             No. 1177/2022

Suresh Kumar Panwar S/o Shri Rameshwar Panwar, Aged About
31 Years, R/o Village Semalkhedi, P.s. Kalukheda, District Ratlam
(M.p.) (Presently Lodged In Central Jail, Udaipur)
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through PP
                                                                ----Respondent


For Petitioner(s)        :     Mr. Shambhoo Singh
For Respondent(s)        :     Mr. Aneesh Bhurat, PP



          HON'BLE MR. JUSTICE BIRENDRA KUMAR

Order

01/08/2024

Heard learned counsel for the parties.

Prayer is for suspension of sentence of appellant-Suresh

Kumar Panwar awarded by the learned trial court.

Prosecution case is that huge quantity of doda-post was

intercepted from a vehicle, wherein the appellant was also there

besides another co-accused and the driver.

Learned counsel for the appellant submits that there is

serious non-compliance of mandate of law contained in Section

52-A NDPS Act, inasmuch as services of the Magistrate or

Gazetted Officer were not taken while preparing inventory or

taking out samples for forensic examination. The seizure was

made on 07.09.2020, whereas inventory was prepared on

04.03.2021. There is complete lack of sanctity of the act of

(2 of 3) [SOSA-1177/2022]

Investigating Agency, as such, there is chances of success in the

appeal.

Learned Public Prosecutor opposed the prayer for suspension

of sentence.

Considering the aforesaid infirmity which is apparent from

the FIR itself as well as the fact that the appeal would take time

for final disposal, the instant application for suspension of

sentence is allowed and the sentence awarded to the appellant

above-named by the Special Judge, NDPS Act Cases, Pratapgarh

vide judgment dated 18.07.2022 passed in Sessions Case

No.17/2021 shall remain suspended till final disposal of the appeal

provided that he furnishes a bail bond of Rs.1,00,000/- with two

sureties of like amount (one of the sureties is of territorial

jurisdiction) to the satisfaction of the learned trial Court with the

following conditions :-

(1) That he will appear in person before the trial court in the first week of July of every year till the appeal is decided.

(2) That if the applicant(s) 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(s) to the trial court.

The learned trial court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was/were 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

(3 of 3) [SOSA-1177/2022]

case the said accused-applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

(BIRENDRA KUMAR),J 24-deep/-

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