Rajasthan High Court - Jodhpur
Mularam vs State Of Rajasthan on 16 April, 2025
Author: Farjand Ali
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Suspension of Sentence (Appeal) Application
No.668/2025
in
S.B. Criminal Appeal (Sb) No. 723/2025
Moolaram S/o Lichhiram, Aged About 72 Years, R/o Hemsagar,
Karjoi, Police Station Falsund, District Jaisalmer (Raj) (At Present
Lodged In The Central Jail, Jaisalmer)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Bharat Gurjar
For Respondent(s) : Mr. Vikram Rajpurohit, DyGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
16/04/2025
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
08.04.2025 passed by the learned Special Judge, NDPS Act Cases,
Pokaran, District Jaisalmer in Sessions Case No.41/2018
(81/2017) whereby he was convicted and sentenced to suffer 4
years' RI alongwith a fine of Rs.20,000/- under Section 8/15 of
NDPS Act.
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
appreciated again by this court being the first appellate Court. The
appellant was on bail during trial and did not misuse the liberty so
(2 of 3)
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 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. Considering the submission with regard to total non-
compliance of mandatory provisions of NDPS Act and further the
fact that embargo contained under Section 32A and 37 of NDPS
Act is not attracted in this case as well as considering that hearing
of the appeal would likely to take a long time and further
considering the submission that during the entire course of trial,
he remained on bail and did not misuse the liberty so granted to
him, 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
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
(3 of 3)
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
129-Pramod/-
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