Kamla Bai Wife Of Chhotulal ... vs Government Of India
2021 Latest Caselaw 6292 Raj/2

        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

(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

(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

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