Rajasthan High Court
Gagandeep @ Lavi Singh S/O Shri ... vs State Of Rajasthan on 16 November, 2021
Bench: Chandra Kumar Songara
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension of Sentence Application
No.1034/2021
In
S.B. Criminal Appeal No. 1684/2021
Gagandeep @ Lavi Singh S/o Shri Gurubaksh Alias Lavi Alias
Gurudev Singh, R/o 1/42, N.E.B. Housing Board, Alwar,
Rajasthan (At Present Confined In Central Jail, Alwar)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Om Prakash Sharma, Advocate
with Mr. Vineet Dixit, Advocate
For Respondent(s) : Mr. C.G. Chopra, Public Prosecutor
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Order
16/11/2021
This application for suspension of sentence has been
preferred on behalf of the applicant/appellant under Section 389 of
Cr.P.C. to suspend the sentence awarded by the Court of Special Judge,
NDPS Cases, Alwar (Raj.) vide its judgment dated 16.10.2021 in
Criminal Case No.3/2016 (CIS No.2/2017).
Learned counsel for the applicant/appellant submits that the
alleged recovered contraband is less than commercial quantity. Learned
counsel further submits that during trial the appellant was on bail and
he has no criminal antecedents. Learned counsel also submits that the
appellant is behind the bars since 16.10.2021. As per custody
certificate, the appellant has completed three months and three days of
(2 of 2) [SOSA-1034/2021 in CRLAS-1684/2021]
his sentence. Hence, sentence awarded to the applicant/appellant may
be suspended during pendency of the appeal.
On the other hand, learned Public Prosecutor appearing for
the State, has opposed the application for suspension of sentence.
Heard learned counsel appearing for the applicant/appellant
as well as learned Public Prosecutor and perused the material made
available on record.
Considering the submissions made by learned counsel for
the applicant/appellant and taking into consideration overall facts and
circumstances of the case; but without expressing any opinion on the
merits and demerits of the case, this court deems it just and proper to
suspend the sentence awarded to the applicant/appellant.
Accordingly, the application for suspension of sentence is
allowed and it is ordered that execution of the sentence awarded by
the trial court to the applicant/appellant, namely Gagandeep @ Lavi
Singh S/o Shri Gurubaksh @ Lavi @ Gurudev Singh shall remain
suspended during the pendency of appeal; provided he deposits the fine
amount imposed by the trial Court and furnishes a personal bond in the
sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to
the satisfaction of the learned trial Court with the stipulation that he
shall appear before this Court on 15.12.2021, thereafter, as and when
called upon to do so.
(CHANDRA KUMAR SONGARA),J
Ashish Kumar /45
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