HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S. B. Criminal Misc. Suspension of Sentence Appl. No. 810/2021
IN
S.B. Criminal Appeal No. 1369/2021
Kamla Bai Wife Of Chhotulal (Daughter Of Ramchandra),
Resident Of Village Dhundhliya Tehsil Aklera, District Jhalawar
(Raj) (At Present In District Jail, Jhalawar)
----Appellant
Versus
Government Of India, Central Narcotics Bureau, Through Thakur
Das Rajoriya Inspector, Office Of District Opium Officer, Jhalawar
(Raj)
----Respondent
For Appellant(s) : Mr. Virender Godara
For Respondent(s) : Mr. Tej Prakash Sharma, SPP (CBN)
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Order
09/11/2021
1. Heard on application for suspension of sentence.
2. The appellant has filed the appeal along with application for suspension of sentence.
3. The appeal has been preferred against the judgment dated 02.09.2021 passed by court of Additional District & Sessions Judge (NDPS Cases) Aklera, District Jhalawar (Raj.) in Sessions Case No. 72/2016 by which the appellant has been convicted for offence/s under Sections 8/19 & 8/26 of NDPS Act, 1985 and sentenced to maximum term of ten years imprisonment.
4. It has been submitted by learned counsel for the (Downloaded on 11/11/2021 at 09:00:23 PM) (2 of 3) [SOSA-810/2021] appellant that appellant has been falsely implicated in this case. As per certificate under Rule 311(3) of Rajasthan High Court Rules, 1952, the petitioner was on bail during trial and now, she is in judicial custody since 02.09.2021. There are no other criminal antecedents of the appellant. There are several infirmities and contradictions in the prosecution evidence. The appellant was a Cultivator. Decision of appeal may take considerable time. The allegation against the appellant is of supplying substandard Opium to the Department. The mandatory provisions of the NDPS Act have not been followed. Learned counsel for the appellant has placed reliance on orders of Coordinate Bench of this Court in S. B. Criminal Appeal No. 654/2019 (Dulichand S/o Mangilal Vs. Government of India), S. B. Criminal Appeal No. 1660/2020 (Mangilal S/o Ghasilal Vs. Government of India), S. B. Criminal Appeal No. 1696/2019 (Shankar Lal S/o Jagannath Vs. Government of India) and S. B. Criminal Appeal No. 1388/2020 (Pana Chand Son of Manna Lal Vs. Government of India).
5. Learned Public Prosecutor has opposed the application for suspension of sentence.
6. Heard learned counsel for the parties and scanned the evidence available on record.
7. Taking into consideration the submissions of learned counsel for the parties, evidence available on record and overall facts and circumstances of the case but without commenting upon merits of the case, this Court deems just and proper to allow the application for suspension of sentence.
8. Accordingly, the application for suspension of sentence (Downloaded on 11/11/2021 at 09:00:23 PM) (3 of 3) [SOSA-810/2021] is allowed and it is ordered that the sentence awarded to accused- appellant Kamla Bai Wife Of Chhotulal (Daughter Of Ramchandra) shall remain suspended till disposal of this criminal appeal and she shall be released on bail provided the appellant furnishes a personal bond of Rs. 1,00,000/- (Rupees One Lakh) and two sureties of Rs.50,000/- (Rupees Fifty Thousand) each to the satisfaction of the learned trial Court for her appearance in this Court on 09.12.2021 and as and when called upon to do so.
(MANOJ KUMAR VYAS),J Pooja /68 (Downloaded on 11/11/2021 at 09:00:23 PM) Powered by TCPDF (www.tcpdf.org)