Allowed

Jabbar v. State of Rajasthan

Rajasthan HC7 Nov 2019SOSA/73/2019

Case brief

AI extract

What is this about?

The Rajasthan High Court at Jodhpur allowed a suspension of sentence application filed under Section 389 Cr.P.C. The court held it was a fit case to suspend the substantive sentence awarded by the Special Judge under the NDPS Act, subject to conditions including deposit of fine, personal bond, and satisfactory attendance.

What did the court decide?

Substantive sentence suspended subject to deposit of 50% fine, personal bond of Rs.1,00,000 with two sureties, and appearance conditions.

Jabbar Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 73/2019

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Jabbar S/o Sh. Ibrahim, B/c Musalman, Aged About 31 Years, R/o Gadola, P.S. Rathanjana , Distt. Pratapgarh, (Raj) (Presently Lodged In Distt. Jail , Pratapgarh)

----Petitioner

Versus

State of Rajasthan

----Respondent

For Petitioner(s) : Mr.Ramesh Purohit, Adv. For Respondent(s) : Mr.Farzand Ali, AAG assisted by Mr.A.R.Choudhary, PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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07/11/2019

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This bail application has been filed under Section 389 of the Cr.P.C. for suspension of sentence awarded to the accusedappellant by the learned Special Judge, N.D.P.S. Cases, Pratapgarh in Sessions Case No.02/2015 vide judgment dated 03.11.2018, by which, the Special Judge has convicted and sentenced the accused-appellant for offence under Sections 8/15 of N.D.P.S.Act.

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Learned counsel for the appellant states that the accusedappellant is in custody since 25.08.2014 and no other case of similar nature is pending against him. Learned counsel has placed reliance upon the judgments rendered in the case of Netram Vs. State of Rajasthan reported in 2014(2) WLN 394 (Raj.) as well as orders passed by this Court in S.B.Suspension of Sentence

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(2 of 3)

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[SOSA-73/2019]

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(Appeal) Nos.272/2018; Kor Singh @ Sanju & Ors. Vs. State of Rajasthan and S.B.Suspension of Sentence (Appeal) No.46/2018; Ved Prakash Vs. State of Rajasthan, in the said cases also the samples were taken from all the bags and only two samples were sent for FSL and this Court enlarged the accused-persons on bail.

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Learned Public Prosecutor opposed the bail application, however, submits that there is no other criminal antecedent showing his involvement for offence under the N.D.P.S. Act.

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Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case, this court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accusedappellant.

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Accordingly, the bail application filed by the appellant under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the learned Special Judge, N.D.P.S. Cases, Pratapgarh vide judgment dated 03.11.2018 in Sessions Case No.02/2015 against the accused-appellant Jabbar S/o Ibrahim shall remain suspended till final disposal of the aforesaid appeal subject to depositing 50% of the fine amount and 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 before this court on 09.12.2019 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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

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(3 of 3)

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[SOSA-73/2019]

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That if the appellant 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.

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Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.

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The learned trial Court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accusedappellant 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 accused-appellant does not not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

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(MANOJ KUMAR GARG),J

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69-NK/-

Jabbar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Jabbar v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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