Rajasthan High Court - Jodhpur
Nepal Singh Rajput vs State Of Rajasthan on 9 January, 2023
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Interim Suspension Of Sentence Application
(Appeal) No. 30/2023
In
S.B. Criminal Appeal No.31/2023
Nepal Singh Rajput S/o Sh. Bhagwan Singh, Aged About 35
Years, R/o Bhachundla, P.S. Salamgarh, District Pratapgarh.
(Presently Lodged in Central Jail, Udaipur).
----Appellant
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. Rahul Bathi
For Respondent(s) : Mr. S.K. Bhati, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
09/01/2023
The present interim suspension of sentence application has
been filed by the appellant under Section 389 Cr.P.C. against the
judgment and order dated 05.11.2022 passed by learned Special
Judge, NDPS Act Cases, Pratapgarh in Special Sessions Case
No.31/2020 for the offence punishable under Section 8/15 NDPS
Act, seeking interim suspension of sentence.
Heard learned counsel for the appellant and learned Public
Prosecutor and perused the material available on record.
Learned counsel for the appellant submits that the father of
the appellant has expired on 06.01.2023.
Learned Public Prosecutor has verified the death of the father
of the appellant.
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The report furnished by learned Public Prosecutor is taken on
record.
Looking to the facts and circumstances of this case, this
Court is of the opinion that the sentence of appellant deserves to
be suspended for a period of 12 days from the date of his actual
release, with the condition that the appellant will submit personal
security bond of Rs.1 lac with the assurance/ guarantee of his
family member that he/she will ensure surrender of the accused-
appellant before the concerned Jail Authorities in the morning of
next day of completion of 12 days from the date of his actual
release.
Accordingly, the application for temporary suspension of
sentence is allowed and it is ordered that the sentence passed by
learned Special Judge, NDPS Act Cases, Pratapgarh in Special
Sessions Case No.31/2020 vide order dated 05.11.2022 against
the appellant Nepal Singh Rajput S/o Sh. Bhagwan Singh,
shall remain suspended for a period of 12 days from the date of
his actual release on his furnishing personal bond of Rs.1,00,000/-
(Rupees One Lac only) along with undertaking/
assurance/guarantee of his family member that he/she will ensure
surrender of the accused- appellant before the concerned Jail
Authorities in the morning of next day of completion of 12 days
from the date of his actual release.
Let the matter be again listed on 30.01.2023 for further
orders. On that date, learned Public Prosecutor and counsel for the
appellant shall be required to submit the compliance of the
aforesaid order.
(DR. PUSHPENDRA SINGH BHATI),J.
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