Ishant Bansal @ Shekhi vs State Of Rajasthan
2022 Latest Caselaw 14911 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Suspension of Sentence Appl.No. 235/22

in

S.B. Criminal Appeal No. 2055/2022

1. Ishant Bansal @ Shekhi S/o Vinod Bansal, Aged About 32 Years, R/o Anaj Mandi Sular Ghrat Ps Dirba Dist. Sangrur Punjab (At Present Lodged At Dist. Jail Chittorgarh)

2. Kulvinder Singh S/o Mahendra Singh, Aged About 34 Years, R/o Shahpur Kalan Ps Chima Dist. Sangrur At Present Residing Surjan Basti Birba Dist. Sangrur Punjab (At Present Lodged At Dist. Jail Chittorgarh)

3. Nirbhay Singh @ Behta S/o Jarnel Singh, Aged About 33 Years, R/o Gujra Ps Dirba Dist. Sangrur Punjab (At Present Lodged At Dist. Jail Chittorgarh)

----Appellants Versus State Of Rajasthan, Through Pp

----Respondent

For Appellant(s) : Mr. Abhishek Charan For Respondent(s) : Mr. Javed Gauri, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

19/12/2022

Heard learned counsel for the applicant-appellants and

learned public prosecutor for the State on application for

suspension of sentence. Perused the material available on record.

It is contended by the counsel for the applicant-appellants

that appellants have been awarded sentence for two years'

rigorous imprisonment and disposal of the appeal will consume

time.

(2 of 2) [SOS-235/22 in CRLAS-2055/2022]

Learned Public Prosecutor has opposed the application for

suspension of sentence.

I have heard and considered the arguments advanced by the

counsel for the parties and have gone through the material

available on record.

Having considered the facts and circumstances and

particularly the fact that applicant-appellants are awarded

maximum sentence of two years and disposal of appeal will

consume time, therefore, this Court deems it fit and proper to

allow the application for suspension of sentence filed by the

appellant-applicants.

Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

sentences passed by the learned Special Judge, NDPS Act Cases

No.2, Chittorgarh, vide judgment dated 30.11.2022 in Sessions

Case No.40/2017 against the appellant-applicants Ishant Bansal

@ Shekhi S/o Vinod Bansal, Kulvinder Singh S/o Mahendra

Singh and Nirbhay Singh @ Behta S/o Jarnel Singh shall

remain suspended till final disposal of the aforesaid appeal and

they shall be released on bail, provided they execute a personal

bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/-

each to the satisfaction of the learned trial Judge to the effect that

they shall appear before this Court as and when called upon to do

so.

(FARJAND ALI),J 71-Arti/-

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