Rajasthan High Court - Jodhpur
Rasid Mohammad @ Bhuriya vs State Of Rajasthan (2025:Rj-Jd:8665) on 12 February, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:8665]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 195/2025
Rasid Mohammad @ Bhuriya S/o Sultan Mohammad, Aged About
42 Years, R/o Tambesara, PS Kushalgarh, Dist. Banswara, Raj.
(Lodged In Dist. Jail Banswara)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Raghuveer Singh Bhati
For Respondent(s) : Mr. Narendra Gehlot, PP with
Mr. Om Prakash Choudhary
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
12/02/2025
Heard learned counsel for the parties and perused the
material available on record.
Learned counsel for the appellant(s) submits that the
recovered contraband is below commercial quantity. He further
submits that the appellant(s) was on bail during the trial and
hearing of the appeal will take sufficiently long time, therefore, the
sentence of the appellant(s) may kindly be suspended.
Learned Public Prosecutor opposed the prayer for suspension
of sentence.
Upon a consideration of the arguments advanced on behalf
of the appellant(s) and having regard to the facts and
circumstances of the case including the facts that the appellant(s)
was on bail during the trial and hearing of the appeal is likely to
[2025:RJ-JD:8665] (2 of 3) [SOSA-195/2025]
take time, therefore, this court is of the opinion that it is a fit case
for suspending the sentence awarded to the accused appellant(s).
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, District
Banswara vide judgment dated 22.01.2025 in Special NDPS Case
No.12/2018 against the appellant-applicant(s) - Rasid
Mohammad @ Bhuriya S/o Sultan Mohammad, shall remain
suspended till final disposal of the aforesaid appeal and he shall be
released on bail provided he/she/they executes a personal bond in
the sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each
to the satisfaction of the learned trial Judge for his/her/their
appearance in this court on 12.03.2025 and whenever ordered to
do so till the disposal of the appeal on the conditions indicated
below:-
1. That he/she/they 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/she/they will give in writing his/her/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, they will
give in writing their changed address 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 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
[2025:RJ-JD:8665] (3 of 3) [SOSA-195/2025]
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.
(MANOJ KUMAR GARG),J
317-mSingh/-
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