Shokat Ali vs State Of Rajasthan

Kuldeep Mathur, J

Heard learned counsel for the applicant appellant and learned Public Prosecutor on the application for suspension of sentences.

Drawing attention of the Court towards the impugned judgment dated 06.10.2023 passed by the learned Special Judge (NDPS Cases) (Additional Sessions Judge No.1, Nohar, District Hanumangarh) in Sessions Case (CIS) No.65/2021, learned counsel for the appellant submitted that there are serious anomalies in the prosecution case regarding the batch number of the seized drugs from which the samples were drawn and forwarded to the FSL.

Learned counsel further submitted that apart from the above ground, there are other strong grounds available to the appellant for assailing the impugned judgment of conviction and therefore, the sentences awarded to the appellant deserve to be suspended, during pendency of the appeal.

Per contra, learned Public Prosecutor opposed the arguments advanced by the learned counsel for the appellant and submitted that it is not a fit case for suspending the sentences awarded to the accused appellant.

Upon a consideration of the arguments advanced at bar and having regard to the facts and circumstances as available on the record, particularly the fact that the hearing of the appeal is likely to consume time, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused appellant during the pendency of the instant appeal.

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 the learned Special Judge (NDPS Cases) (Additional Sessions Judge No.1, Nohar, District Hanumangarh), vide judgment dated 06.10.2023 in Sessions Case (CIS) No.65/2021 against the appellant-applicant Shokat Ali S/o Dishad, shall remain suspended till the final disposal of the aforesaid appeal and he shall be released on bail, provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 15.04.2024 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

That if the applicant(s) 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.

Similarly, if the sureties change their address(s), 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/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.