HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Bail (SOS) Application No.1147/2021
In
S.B. Criminal Appeal No. 1856/2021
Rajveer Singh Son Of Shri Pratap Singh, Aged About 50 Years,
Resident Of Rela, Police Station Kathumar, District Alwar (Raj.)
(At Present Confined In District Jail, Alwar)
----Accused/Appellant
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. Anil Kumar Upman For Respondent(s) : Mr. Imran Khan, PP HON'BLE MR. JUSTICE MANOJ KUMAR VYAS Order 01/12/2021 Heard on application for suspension of sentence. The appellant has filed the appeal along with application for suspension of sentence.
This appeal has been preferred against the judgment of conviction and sentence dated 10.11.2021 passed by the Court of Special Judge, N.D.P.S. Act Cases, Alwar in Sessions Case No.04/2017(CIS No.23/2017), by which the appellant has been convicted under Section 8/20 of the NDPS Act and sentenced to maximum term of four years.
It has been submitted by learned counsel for the appellant that the appellant has been falsely implicated in the case. He has been convicted under Section 8/20 of the NDPS Act and sentenced to four years of imprisonment. During trial, the appellant was on (Downloaded on 04/12/2021 at 09:24:36 PM) (2 of 2) bail and presently, he is in custody since 10.11.2021. The quantity of recovered contraband has been shown to be 1,000 gms. of ganja but actual recovery was of 940 gms. of ganja as has been detailed in Ex.P.68, which is inventory report prepared by learned concerned Magistrate. The prosecution evidence suffers from material contradictions and infirmities. The recovered quantity is small which is less than 1,000 gms. of ganja. Hearing of appeal may take long time.
Learned Public Prosecutor has opposed the application for suspension of sentence.
Heard learned counsel for the parties and scanned the evidence available on record carefully.
Taking into consideration the submissions of learned counsel for the appellant, overall facts and circumstances of the case but without commenting upon detailed merits of the case, this Court deems just and proper to allow the application for suspension of sentence.
Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to accused- appellant Rajveer Singh S/o Shri Pratap Singh shall remain suspended till disposal of this criminal appeal and he be released on bail, provided the appellant furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned trial court for his appearance in this Court on 03rd January, 2022 and as and when called upon to do so.
(MANOJ KUMAR VYAS),J Hemant/84 (Downloaded on 04/12/2021 at 09:24:36 PM) Powered by TCPDF (www.tcpdf.org)