Rajasthan High Court - Jodhpur
Narendra Vaishnav vs Union Of India (2024:Rj-Jd:43348) on 22 October, 2024
Author: Birendra Kumar
Bench: Birendra Kumar
[2024:RJ-JD:43348]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1335/2024
IN
S.B. Criminal Appeal No. 1246/2024
Narendra Vaishnav S/o Sohan Das Vaishnav, Aged About 40
Years, R/o 6-D-17, Chandra Shekhar Azad Nagar, Dist. Bhilwara
(Raj.) (Confined In Sub Jail, Prabatsar)
----Petitioner
Versus
Union Of India, Through Ncb
----Respondent
Connected With
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1000/2024
IN
S.B. Criminal Appeal No. 1246/2024
Jakir Hussain S/o Mohd. Hussain, Aged About 42 Years, R/o Gul
Ali Nagri, Opp Pareek Hostel, Dist. Bhilwara (Raj.) (Confine In
Sub Jail, Prabatsar)
----Petitioner
Versus
Union Of India, Through Ncb
----Respondent
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1336/2024
IN
S.B. Criminal Appeal No. 1246/2024
Mohd. Iqbal Chipa S/o Yousaf, Aged About 45 Years, R/o Kailash
Halwai, House No. 10, Tilak Nagar, Near Polytechnic College,
Dist. Bhilwara (Raj.) (Confined In Sub Jail, Prabatsar)
----Petitioner
Versus
Union Of India, Through Ncb
----Respondent
(Downloaded on 23/10/2024 at 10:15:34 PM)
[2024:RJ-JD:43348] (2 of 3) [SOSA-1335/2024]
For Petitioner(s) : Mr. B. Ray Bishnoi
For Respondent(s) : Mr. Prem Singh Panwar, PP
HON'BLE MR. JUSTICE BIRENDRA KUMAR
Order
22/10/2024
1. Heard learned counsel for the parties on the prayer for
Suspension of Sentence.
2. Separate applications for suspension of sentence have been
filed by the applicants.
3. Learned counsel for the applicants submits that 10 years'
rigorous imprisonment has been awarded for offence under
Sections 8/15 and 8/29 of NDPS Act, besides order of fine.
Applicants have already remained in jail for more than five years.
There is non-compliance of mandate of law as required under
Section 52-A of NDPS Act. There is no chance for early hearing of
this appeal.
4. Learned Public Prosecutor opposed the prayer for suspension
of sentence.
5. Considering the overall facts and circumstances of the case
as well as the fact that the appeal would take time for final
disposal, the applications for suspension of sentence are allowed
and the sentence awarded against the applicants above-named by
the learned Special Judge, NDPS Act Cases & Addl. Sessions Judge
No.1, Parbatsar, Distt. Deedwana-Kuchaman vide judgment dated
18.07.2024 passed in Sessions Case No.03/2020 shall remain
suspended till final disposal of the appeal provided each of them
furnishes bail bond of Rs.50,000/- with two sureties of like amount
[2024:RJ-JD:43348] (3 of 3) [SOSA-1335/2024]
(one of sureties of territorial jurisdiction of trial court) to the
satisfaction of the learned trial Court with following conditions:-
(1) That they will appear in person before the trial court in
the first week of November of every year till the appeal is
decided.
(2) That if the applicants change the place of residence,
they will give in writing their 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.
7. 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
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
52-54 - deep/-
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