Allowed

Akbar Khan Pathan v. Union of India

Rajasthan HC2 Sept 2021SOSA/327/2020

Case brief

AI extract

What is this about?

Single Judge of High Court of Rajasthan allowed suspension of sentence application. Appellant, serving NDPS sentence since 2017, completed eight years. Court granted suspension subject to personal bond, sureties, and regular appearance before trial court.

What did the court decide?

Sentence suspended pending disposal of appeal; personal bond of Rs. 1,00,000/- and two sureties of Rs. 50,000/- each; monthly appearance before trial court.

Akbar Khan Pathan Vs Union of India — Pension and Retirement Benefits | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Criminal Misc IV Suspension Of Sentence Application (Appeal) No. 327/2020

¶3

Akbar Khan Pathan S/o Sh. Mukaram Kha Pathan, Aged About 35 Years, R/o Dabda, Thana Hathuniya, Dist. Pratapgarh (Raj.). (Presently Lodged At Central Jail, Udaipur).

¶4

----Petitioner

¶5

Versus

¶6

Union Of India, Through N.c.b., Jodhpur.

¶7

----Respondent

¶8

For Petitioner(s)	: Mr.	ML Bishnoi
For Respondent(s)	: Mr.	MR Pareek,Spl. P.P.

¶9

HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI Order

¶10

02/09/2021

¶11

In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

¶12

Heard learned counsel for the parties on the application seeking suspension of sentence.

¶13

Counsel for the appellant submits that the appellant has undergone total sentence of 08 years, 04 months & 10 days as on 01.09.2021, out of total 15 years rigorous imprisonment, thus, has completed more than eight years in custody. Counsel for the appellant further submits that there is likelihood of the appeal being heard at an early date, thus, prayed to suspend the sentence.

¶14

Counsel for the appellant has shown the following judgments passed by this Court :-

¶15

Kamlesh @ Komal Garg Vs. State of Rajasthan;

¶16

(S.B. Criminal Misc. Third Suspension of Sentence Application (Appeal) No.467/2020, decided on 08.01.2021,

¶17

(2 of 3)

¶18

[SOSA-327/2020]

¶19

Nirmal Singh S/o Jarnel Singh Vs. State of Rajasthan; (S.B. Criminal Misc. 5th Suspension of Sentence Application (Appeal) No.816/2019, decided on 25.08.2020,

¶20

Pawan @ Shyamlal Sharma Vs. State of Rajasthan; (S.B. Criminal Misc. Third Suspension of Sentence Application (Appeal) No.23/2021, decided on 28.01.2021 and,

¶21

Champa Ram Vs.State of Rajasthan ; (S.B. Suspension of Sentence Application (Appeal) No.517/2018, decided on 06.07.2018.

¶22

Counsel for the appellant has relied upon the judgment of Hon’ble Apex Court in the cases of Thana Singh Vs. Central Bureau of Narcotics reported in (2013) 2 SCC as well as Mayuresh Nandkumar Purohit Vs. Kaushik Manna & Anr. , reported in 2018 Cr. L.R. (SC) 251, in which the Hon’ble Court has released the appellant on completion of custody of 08 years in NDPS cases.

¶23

Learned Special P.P. opposed the application.

¶24

Having considered of the totality of facts and circumstances of the case, I consider it just and proper to suspend the substantive sentence awarded to the accused appellant.

¶25

Accordingly, this application for suspension of sentences is allowed and it is directed that the sentences awarded to appellant/ s – Akbar Khan Pathan S/o Sh. Mukaram Kha Pathan by the learned Special Judge, NDPS Act Cases, Pratapgarh vide judgment dated 07.10.2017 in Sessions Case No.44/2013 shall remain suspended till final disposal of aforesaid appeal provided he executes a personal bond for a sum of Rs.1,00,000/- alongwith two solvent sureties in the sum of Rs.50,000/- each to the

¶26

(3 of 3)

¶27

[SOSA-327/2020]

¶28

satisfaction of the learned trial court for his appearance before this Court on 05.10.2021 and whenever called upon to do so till the disposal of the appeal on the conditions inidcated below:-

¶29

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

¶30

(2) 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.

¶31

(3) Similarly, if the sureties change their address(s), they will give in writing their changed address(s) to the trial court.

¶32

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.

¶33

(DR.PUSHPENDRA SINGH BHATI),J.

¶34

211-Jitender/Sphophaliya-

Akbar Khan Pathan v. Union of India

Case brief

What is this about?

What did the court decide?

Akbar Khan Pathan v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Kalidas Tabiyar Vs State of Rajasthan

Iliyas Khan Vs State of Rajasthan

Iliyas Khan Vs State of Rajasthan

Samu Devi Vs State of Rajasthan

Kishore Ram Vs State

Priyanka Vs State of Rajasthan