JAI RAM v. STATE OF RAJASTHAN

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Misc. Suspension of Sentence Application No.1462/2023

In

S.B. Criminal Appeal (Sb) No. 2383/2023 Jai Ram S/o Shri Panna Lal Dewasi, Aged About 31 Years, R/o Bansiya, Raipur Police Station, Dist. Pali. (Lodged In Dist. Jail, Bhilwara)

----Appellant

Versus

State Of Rajasthan, Through PP

----Respondent

For Appellant(s) : Mr. Neeraj Kumar Gurjar

For Respondent(s) : Mr. Gaurav Singh, AGA

HON'BLE MR. JUSTICE FARJAND ALI Order

03/11/2023

1. The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 31.10.2023 passed by the learned Special Judge, NDPS Act Cases, Bhilwara in Sessions Case No.29/2018 whereby he was convicted and sentenced to suffer rigorous imprisonment of five years' along with a fine of Rs.50,000/- under Section 8/15 of NDPS Act.

2. It is contended on behalf of the applicant that the recovered contraband is well below demarcated commercial quantity. He further submits 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

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required to be appreciated again by this court being the first appellate 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, more particularly, the recovered contraband is well below demarcated commercial quantity, the embargo contained under Section 32-A and 37 of NDPS Act is not attracted in this case as well as the facts the accused-appellant was on bail during the course of trial and the 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 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 learned Special Judge, NDPS Act

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Cases, Bhilwara who passed the impugned order dated 31.10.2023 in Sessions Case No.29/2018 against the appellant- applicant- Jai Ram S/o Shri Panna Lal Dewasi 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 04.12.2023 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 addresses, they will give in writing their changed address to the trial Court.

(FARJAND ALI),J

186-divya/-

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