Rajveer Singh Son Of Shri Pratap ... vs State Of Rajasthan
2021 Latest Caselaw 7086 Raj/2

      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

(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

Powered by TCPDF (www.tcpdf.org)