Allowed

Ashok Kumar v. State

Rajasthan HC18 Oct 2021SOSA/802/2020

Case brief

AI extract

What is this about?

In this SOSA under Section 389 CrPC, the High Court of Rajasthan allowed the application and ordered suspension of sentence pending appeal. The court appreciated the counsel's submission regarding procedural irregularities in contraband sampling and the likely delay in appeal, granting bail with a bond.

What did the court decide?

Suspended sentence pending appeal of S.C.A. No. 673/2012; released on bail with personal bond of Rs. 2,00,000/- and two sureties.

Ashok Kumar Vs State — Narcotics (NDPS) | Rajasthan HC (2021)

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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. 802/2020

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S.B. Criminal Appeal No. 673/2012

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Ashok Kumar S/o Hanuman Singh, Aged About 28 Years, B/c Bishnoi, R/o Badopal, Police Thana Fatehbad (Hariyana). (Presently Lodged at Central Jail, Bikaner).

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----Petitioner

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Versus

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State of Rajasthan through PP

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----Respondent

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For Petitioner(s) : Mr. M.L. Bishnoi For Respondent(s) : Mr. Mukhtiyar Khan, PP

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HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

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Order

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18/10/2021

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This present application for suspension of sentences under Section 389 CrPC has been preferred on behalf of the appellantapplicant Ashok Kumar who has been convicted and sentenced vide judgment dated 10.01.2012 passed by learned Special Judge, N.D.P.S. Cases, Hanumangarh in Sessions Case No.4/2005 for the offences under Sections 8/15 (C), 29 of the NDPS Act.

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Heard learned counsel appearing for the appellant-applicant and learned Public Prosecutor and perused the material available on record.

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Arguing on the application for suspension of sentences, it is submitted by learned counsel for the applicant-appellant that samples were taken after mixing of the alleged contraband found in the 71 bags on one tripal, hence, it is clear cut violation of the

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(2 of 3)

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[SOSA-802/2020]

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guidelines issued by this Court rendered in the case of Netram Vs. State of Rajasthan, reported in 2014(1) Cr.L.R. (Raj.) 163; accused-appellant has wrongly been convicted by the learned trial Court. Learned counsel for the petitioner relied upon the judgment of the Co-ordinate Bench of this Court in the case of Deepak Kumar Vs. State of Rajasthan vide order dated 08.07.2021 passed in S.B. Criminal Misc. Suspension of Sentence Application (Appeal) No.1129/2019. Learned counsel further stated that applicant appellant is behind the bars since 8 years and 08 months. Lastly, learned counsel has submitted that final decision of the appeal is likely to take considerable time, and, therefore, it would not be appropriate to keep applicant-appellant under further incarceration.

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Per contra, learned Public Prosecutor opposed the arguments advanced by learned counsel for the appellant and stated that one another case is registered against the accused-appellant.

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In reply, learned counsel for the appellant-applicant stated that the said case has already been decided and the accusedappellant has already been acquitted in that case.

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In this background and having regard to the overall facts and circumstances of the case, particularly looking to the fact that hearing of appeal will take time, therefore, this Court is of the opinion that this is a fit case to enlarge the applicant-appellant on bail by suspending his sentences during the pendency of the appeal.

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Accordingly, the instant application for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by learned Special Judge, N.D.P.S. Cases, Hanumangarh in Sessions Case No.4/2005 against

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(3 of 3)

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[SOSA-802/2020]

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the appellant-applicant - Ashok Kumar S/o Hanuman Singh shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail subject to the condition that he shall furnish a personal bond in the sum of Rs.2,00,000/- with two sound and solvent sureties (out of which one shall be a local surety) of Rs.1,00,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 17.11.2021 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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

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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.

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

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(DEVENDRA KACHHAWAHA),J

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89-Arvind/-

Ashok Kumar v. State

Case brief

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Ashok Kumar v. State

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