AASHIQ @ MURGI S/O KAMRUDDIN v. STATE OF RAJASTHAN
SOSA/1167/2025 · 2025-06-25
Sudesh Bansal
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 38411 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38411 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application No.1167/2025 In S.B. Criminal Appeal (SB) No. 1572/2025 Aashiq @ Murgi S/o Kamruddin, Aged About 43 Years, R/o Ward No 15 Koli Mohalla Chhabara Police Station Chhabara Distt Baran Rajasthan (Accused Appellant Is Sub Jail Chhabara) ----Appellant Versus State Of Rajasthan, Through Pp ----Respondent For Appellant(s) : Mr. Ali Mohd. Khan For Respondent(s) : Ms. Manju Dave, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 25/06/2025
1. The accused-appellant has challenged the judgment dated 17.05.2025 passed by learned Special Judge, NDPS Cases, Baran, in Sessions Case No.131/2015(CIS No.74/2015) whereby appellant has been convicted and sentenced for offence under Section 8/21 of the NDPS Act for one year & three months rigorous imprisonment with fine of Rs.10,000/-, in default of which undergo three months additional rigorous imprisonment has bee sentenced. Alongwith the appeal, the appellant has filed this application for suspension of sentence.
2. Heard learned counsel for the accused-appellant as well as learned Public Prosecutor and perused the material available on record.
(2 of 2) [CRLAS-1572/2025]
3. Considering the facts and circumstances of the case and the fact that contraband recovered from the appellant is less than commercial quantity; during trial appellant was on bail; there are no criminal antecedents of appellant; appellant is in custody since the date of judgment i.e. 17.05.2025 and conclusion of appeal will take its own time, but without commenting on merits of the case, this Court deems it just and proper to suspend the sentence awarded to the accused-appellant.
4. Accordingly, the application for suspension of sentence is allowed and the sentence of appellant as well as fine amount shall remain suspended during pendency of the appeal. It is ordered that accused-appellant Aashiq @ Murgi S/o Kamruddin shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- along with two sureties of Rs.25,000/- each to the satisfaction of the trial court for his appearance in this court on 19.08.2025 and as and when called upon to do so.
(SUDESH BANSAL (V. J.)),J HEENA/175