Badri Lal S/O Panna Lal Lodha vs Union Of India
2021 Latest Caselaw 6629 Raj/2

         HIGH COURT OF JUDICATURE FOR RAJASTHAN
                     BENCH AT JAIPUR

         S.B. Criminal Misc. (SOS) Application No.698/2021

                                        In

                 S.B. Criminal Appeal No. 1259/2021

Badri Lal S/o Panna Lal Lodha, R/o Village Arjunpura, Permanent
Address    Kalukhedi      Mewatiyan,          Tehsil      Manoharthana,       Dist.
Jhalawar (Presently Appellant Is At Central Jail Jhalawar)
                                                                     ----Appellant
                                    Versus
Union Of India, Central Narcotics Bureau
                                                                 ----Respondent

For Appellant(s)          :     Mr. Amit Dadhich
For Respondent(s)         :     Mr. Tej Prakash Sharma, Special PP


          HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
                          Order

17/11/2021

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 and sentence dated 13.08.2021 passed by the Court of

Additional District & Session Judge (N.D.P.S. Cases), Aklera,

District-Jhalawar (Raj.) in Session Case No.43/2016, by which the

appellant has been convicted for offence under Sections 8/19 and

8/26 of N.D.P.S. Act and sentenced to maximum term of ten

years.

It has been submitted by learned counsel for the

appellant that the appellant has been falsely implicated in this

case. As per certificate under Rule 311(3) of the Rajasthan High

(2 of 2) [SOSA-698/2021]

Court Rules, the appellant was on bail during trial. Now, he is in

custody since 13.08.2021. It has further been submitted that

there are no criminal antecedents of the appellant. The appellant

was a cultivator. The allegation against the appellant is of

supplying adulterated opium to the department. There are several

infirmities and contradictions in the prosecution evidence. 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 Badri Lal S/o Panna Lal Lodha 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/-(One Lakh) and two sureties of Rs.50,000/- (Fifty

Thousand) each to the satisfaction of the learned trial court for his

appearance in this Court on 17th December, 2021 and as and when

called upon to do so.

(MANOJ KUMAR VYAS),J

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