Allowed

Kalu @ Jameel Shah S/O Khalid Shah v. State of Rajasthan

Rajasthan HC20 Apr 2024SOSA/477/2024

Case brief

AI extract

What is this about?

High Court allowed suspension of sentence under Section 389 Cr.P.C. in a narcotics appeal. Court held Section 27 N.D.P.S. Act inapplicable due to non-commercial quantity, bail during trial, and lack of antecedents, granting bail upon depositing fine and sureties bond.

What did the court decide?

Application under Section 389 Cr.P.C. allowed; sentence suspended; appellant released on bail subject to executing personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each and depositing

Kalu @ Jameel Shah S/O Khalid Shah Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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Criminal Misc. Suspension of Sentence Application No.477/2024

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S.B. Criminal Appeal (Sb) No. 575/2024

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Kalu @ Jameel Shah S/o Khalid Shah, Aged About 50 Years, R/o Naya Mohalla Chipabarod, P.s. Chiprabarod, Distt. Baran (Raj) (Appellant Is In Distt. Jail Baran)

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----Appellant

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Versus

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State of Rajasthan, through Special P.P

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----Respondent

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For Appellant(s) : Mr. Ali Mohammed Khan, Adv. For Respondent(s) : Mr. Imran Khan, PP

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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20/04/2024

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Counsel for the appellant submits that the appellant has been convicted for the offence under Section 8/21 of the N.D.P.S. Act and the maximum sentence of four years has been awarded. Counsel for the appellant submits that 22 grams of smack (contraband) has been recovered at the instance of the appellant while the commercial quantity of smack is 250 grams. Counsel submits that the appellant was on bail during trial and he is not having any criminal antecedents of similar nature of offence. Counsel submits that the disposal of the appeal is bound to take time, hence, the sentence of the appellant be suspended till final disposal of the appeal.

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[CRLAS-575/2024]

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(2 of 3)

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Per contra, learned Public Prosecutor has opposed the suspension of sentence application.

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Heard learned Public Prosecutor and perused the material available on record.

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Considering the arguments put forward by the counsel for the appellant and looking to the fact that recovery of the 22 grams of smack is there while the commercial quantity of smack is 250 grams and looking to the fact that the appellant was on bail during trial and he is not having any criminal antecedents and the disposal of the appeal is bound to take time, the rider contained under Section 27 of the NDPS Act is not applicable. Considering the above facts and circumstances of the case, this Court deems it just and proper to suspend the sentence of the appellant till final disposal of the appeal.

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Accordingly, the application for suspension of sentence filed by the applicant under Section 389 Cr.P.C. is allowed and the sentence awarded by the Court of Special Judge, N.D.P.S. Act, Chabbra, District Baran vide judgment dated 07.03.2024 in Sessions Case No.05/2013 against the appellant Kalu @ Jameel Shah S/o Khalid Shah shall remain suspended till final disposal of the aforesaid appeal, subject to the condition that the appellant shall deposit the fine amount, as imposed by the trial Court 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 Court for his appearance before this Court on 27.08.2024 and whenever ordered to do so, till disposal of the appeal on the conditions indicated below:-

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(3 of 3)

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[CRLAS-575/2024]

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That he shall 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 changes the place of residence and mobile number, he will give in writing his changed address and mobile number 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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Appellant shall deposit a fine amount as imposed by the learned 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 accused-appellant 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 said accused-appellant 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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(ANOOP KUMAR DHAND),J

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Aayush Sharma/15

Kalu @ Jameel Shah S/O Khalid Shah v. State of Rajasthan

Case brief

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Kalu @ Jameel Shah S/O Khalid Shah v. State of Rajasthan

Case brief

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