Shivcharan Yogi Son Of Badri Nath vs State Of Rajasthan
2021 Latest Caselaw 6504 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

 S. B. Criminal Misc. Suspension of Sentence App. No. 922/2021

                                        IN

                 S.B. Criminal Appeal No. 1503/2021

Shivcharan Yogi Son Of Badri Nath, Resident Of Jatwada, Police
Station Mantwon, District Sawai Madhopur (Raj) (At Present In
District Jail, Bundi )
                                                                     ----Appellant
                                    Versus
State Of Rajasthan, Through P.P
                                                                 ----Respondent

For Appellant(s)          :     Mr. Sanjay Tiwari
For Respondent(s)         :     Mr. Imran Khan, PP



         HON'BLE MR. JUSTICE MANOJ KUMAR VYAS

                                     Order

15/11/2021

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 14.09.2021 passed by court of Special Judge, NDPS Cases,

Bundi (Raj.) in Special Sessions Case No. 04/2011, CIS No.

28/2014 by which the appellant has been convicted for offence/s

under Section 8/20 NDPS Act and sentenced to maximum term of

two years imprisonment.

4. It has been submitted by learned counsel for the

appellant that appellant has been sentenced to maximum term of

(2 of 2) [CRLAS-1503/2021]

two years imprisonment for offence under Section 8/20 of NDPS

Act. Appellant was on bail during trial. Now, he is in judicial

custody since 14.09.2021. Hearing of the appeal may take long

time.

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

is allowed and it is ordered that the sentence awarded to accused-

appellant Shivcharan Yogi Son Of Badri Nath 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. 50,000/- (Fifty Thousand) and two sureties of Rs.25,000/-

(Twenty Five Thousand) each to the satisfaction of the learned

trial Court for his appearance in this Court on 15.12.2021 and as

and when called upon to do so.

(MANOJ KUMAR VYAS),J

Pooja /59

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