Harlal Son Of Nanda vs State Of Rajasthan
2021 Latest Caselaw 7438 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

       S.B. Criminal Misc. (SOS) Application No.1114/2021

                                        In

                 S.B. Criminal Appeal No. 1811/2021

Harlal Son Of Nanda, Aged About 70 Years, Resident Of Ghatta
Police Station Bhanwargarh, District Baran (Raj) (At Present In
District Jail, Baran)
                                                                     ----Appellant
                                    Versus
State Of Rajasthan, Through P.P
                                                                 ----Respondent

For Appellant(s) : Mr. Surendra Kumar Nagar For Respondent(s) : Mr. Ganesh Saini, PP

HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

Order

09/12/2021 Heard on application for suspension of sentence.

The appellant has filed the appeal along with

application for suspension of sentence.

The appeal has been preferred against the judgment of

conviction dated 27.10.2021 passed by the Court of Special Judge,

NDPS, Cases, Baran (Raj.) in Session Case No.63/2010 (CIS

No.73/2014), by which the appellant has been convicted for

offence under Section 8/15 of the NDPS Act and sentenced to

maximum term of four years as per order dated 29.10.2021.

It has been submitted by learned counsel for the

appellant that he has been falsely implicated in this case. The

maximum sentence imposed upon the appellant is four years of

(2 of 2) [CRLAS-1811/2021]

imprisonment for offence under Section 8/15 of the NDPS Act. The

mandatory provisions of NDPS Act have not been followed. There

are material contradictions and infirmities in the prosecution

evidence. During trial, the appellant was on bail. There are no

other criminal cases for offence under the NDPS Act against the

appellant. All other pending cases are of minor nature. Hearing of

the appeal may take long time.

Heard learned counsel for the parties and scanned the

evidence available on record carefully.

Learned Public Prosecutor has opposed the application

for suspension of sentence.

Taking into consideration the submissions of learned

counsel for the appellant, evidence available on record and 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 Harlal Son Of Nanda shall remain suspended till

disposal of this criminal appeal and he shall 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 10 th January,

2022 and as and when called upon to do so.

(MANOJ KUMAR VYAS),J

Sunita/21

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