Rajasthan High Court - Jodhpur
Subash @ Rohit vs Union Of India (2025:Rj-Jd:18624) on 8 April, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:18624]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1710/2024
In
S.B. Criminal Appeal No.200/2024
Subash @ Rohit S/o Sh. Mahiram, Aged About 29 Years, R/o
Babalo Ka Bass, Fitkasni, Ps Kudi Bhagtasani, Dist. Jodhpur.
(Lodged In Central Jail Jodhpur)
----Petitioner
Versus
Union Of India, Through Ncb
----Respondent
For Petitioner(s) : Mr. Sanjay Bishnoi
For Respondent(s) : Mr. K.S. Nahar, Spl. PP, CBN
Mr. Gopal Singh
HON'BLE MR. JUSTICE FARJAND ALI
Order
08/04/2025
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
06.11.2024 passed by the learned Special Judge, NDPS Act Case
No.1, Chittorgarh in Sessions Case No.11/2022 whereby he was
convicted and sentenced to suffer imprisonment of ten years SI
along with a fine of Rs.1,00,000/- and in default to undergo one
years' RI.
2. It is contended by the learned counsel for the appellant 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
[2025:RJ-JD:18624] (2 of 3) [SOSA-1710/2024]
appreciated again by this court being the first appellate Court. The
appellant was in jail for last more than three and half years;
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 by learned counsel for 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. The applicant-appellant has served around three and half
years out of ten years of sentence. Admittedly, when the vehicle
was intercepted, no-one was apprehended since they fled away.
The appellant is booked in this case on the basis of some indirect
evidence and it is felt that to draw an inference of his guilt and his
complicity in commission of crime, the same is further required to
be analysed critically by this Court again being the first appellate
Court. In view of the above and considering that hearing of the
appeal would likely to take a long time and further considering the
submission that he is in jail since his arrest, 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 trial court, the details of which are
provided in the first para of this order, against the appellant-
applicant named above shall remain suspended till final disposal of
the aforesaid appeal and he shall be released on bail provided he
[2025:RJ-JD:18624] (3 of 3) [SOSA-1710/2024]
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 15.05.2025 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.
7. 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
75-mamta/-
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