Ishwarlal vs State Of Rajasthan
2022 Latest Caselaw 8132 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Misc. Suspension of Sentence Application No.362/2022

In

S.B. Criminal Appeal No. 532/2022

Ishwarlal S/o Shri Jagdish, Aged About 38 Years, R/o Umarkheri Ps Hathuniya Dist. Pratapgarh (Presently Lodged In Dist. Jail Pratapgarh)

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

----Respondent

For Appellant(s) : Mr. Ramesh Purohit For Respondent(s) : Ms. Anita Gehlot, PP.

HON'BLE MR. JUSTICE MADAN GOPAL VYAS(VACATION JUDGE)

Order

09/06/2022

Heard learned counsel for the applicant-appellant, learned

Public Prosecutor and perused the impugned judgment & record.

By the impugned judgment dated 25.04.2022, learned

Special Judge (NDPS cases) , Pratapgarh (Raj.) (for short, 'learned

trial Court') convicted and sentenced applicants for four years'

rigorous imprisonment with fine of Rs.40,000/- for offences under

Sections 8 read with 18 of the NDPS Act and in default of payment

of fine to further undergo sentence for four months' rigorous

imprisonment.

It is stated at Bar by learned counsel for the applicant that

the applicant has falsely been implicated in this case. It is also

submitted that the accused-appellant was on bail during trial. It is

(2 of 2) [CRLAS-532/2022]

also submitted that the contraband recovered from the appellant

was below commercial quantity. Lastly, learned counsel has

submitted that looking to short sentence awarded by the learned

trial Court, same deserves to be suspended during pendency of

appeal as the hearing of the appeal would take time.

Learned Public Prosecutor has opposed the application for

suspension of sentence.

Admit. Record has already been received.

Having regard to the facts and circumstances of the case, I

feel persuaded to accept this application for suspension of

sentence.

Accordingly, the application for suspension of sentence filed

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

sentence passed by Special Judge, NDPS cases, Pratapgarh (Raj.),

vide judgment dated 25.04.2022, in Sessions Case No.12/2020

against applicant-appellant Ishwarlal S/o Shri Jagdish, shall

remain suspended till final disposal of the aforesaid appeal

provided he furnishes a personal bond in the sum of Rs.50,000/-

with two sureties of like amount to the satisfaction of learned trial

Judge for appearance in this Court on 11.07.2022 and whenever

ordered to do so till disposal of the appeal.

(MADAN GOPAL VYAS(VACATION JUDGE)),J 68-S. Dhingra/-

Powered by TCPDF (www.tcpdf.org)