Ram Pal vs Union Of India (2024:Rj-Jd:14263)
2024 Latest Caselaw 2783 Raj

Rajasthan High Court - Jodhpur

Ram Pal vs Union Of India (2024:Rj-Jd:14263) on 27 March, 2024

Author: Farjand Ali

Bench: Farjand Ali

[2024:RJ-JD:14263]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                                No. 422/2024

Ram Pal S/o Bhagirath Bishnoi, Aged About 39 Years, R/o Village
Jajiwal Vishnoiyan, Police Station Banar, Tehsil And Dist. Jodhpur
(Raj.) (At Present Lodged At Dist. Jail, Udaipur)
                                                                          ----Petitioner
                                     Versus
Union Of India, Through Special Pp Of Central Bureau Narcotics.
                                                                        ----Respondent


For Petitioner(s)          :     Mr. Bikharam Bishnoi
For Respondent(s)          :     Mr. M.R. Pareek, Spl. P.P.



                HON'BLE MR. JUSTICE FARJAND ALI

Order

27/03/2024

1. The instant application for suspension of sentence has been

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

02.02.2024 passed by the learned Special Judge No.2, Chittorgarh

in Sessions Case No.89/2020 whereby he was convicted and

sentenced to suffer maximum rigorous imprisonment of 14 years

under Section 8/18B of the NDPS Act and in default of payment of

fine he further undergo one year simple imprisonment.

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

appreciated again by this court being the first appellate Court.

(The sentence of the accused-appellant has already been

[2024:RJ-JD:14263] (2 of 3) [SOSA-422/2024]

suspended by the trial 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 as well as considering the fact that 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 temporary

suspending the sentence awarded to the accused-appellant for a

period of 20 days.

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 Act Cases) No.2,

Chittorgarh in Sessions Case No.89/2020 against the appellant-

applicant- Ram Pal S/o Bhagirath Bishnoi shall remain

suspended temporarily for a period of 20 days from the date of his

actual release and he shall be released on bail for a period of 20

[2024:RJ-JD:14263] (3 of 3) [SOSA-422/2024]

days 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.

7. The accused-applicant surrender himself before the

Superintendent of Jail, Udaipur after completion of 20 days

suspension period.

(FARJAND ALI),J 5-Ravi Khandelwal

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