Sanjeet Kumar Singh S/O Rajdev ... vs State Of Rajasthan
2023 Latest Caselaw 2204 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

   S.B. Criminal Misc. Suspension of Sentence Application No.
                                 396/2023

                                       In

                S.B. Criminal Appeal No. 363/2023

Sanjeet Kumar Singh S/o Rajdev Singh, Aged About 34 Years,
R/o Mahavir Pada P.s. Town, Tehsil Kalahadi, District Bhawani
Patna Orissa (At Present Confined In Central Jail Jaipur )
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through P.p
                                                                ----Respondent

For Appellant(s)          :    Mr. N.P. Meena
For Respondent(s)         :    Mr. B.L. Nasuna, PP



            HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

17/02/2023

Heard learned counsel for the accused appellant and learned

Public Prosecutor on the application for suspension of sentence

and perused the judgment impugned dated 13.02.2023 passed by

learned Special Judge, NDPS Cases, Jaipur Metro-I whereby the

accused appellant has been convicted for the offence punishable

under sections 8/20 of NDPS Act and has been sentenced to

maximum seven years rigorous imprisonment along with fine of

Rs. 70,000/-.

Learned counsel for the accused-appellant submits that most

of the recovered contraband article is leaves of cannabis plant

which as per provision contained in Section 2(iii) of Rajasthan

Excise Act comes within the purview of bhang or sidhi. Only the

(2 of 3) [SOSA-396/2023]

fruiting and flowering top of the cannabis plant comes under the

purview of the Ganja.

Learned Public Prosecutor vehemently opposes the prayer

made by learned counsel for the accused-appellant.

The accused-appellant is behind the bars and the hearing of

appeal is likely to take further more time, therefore, considering

the overall submissions and looking to the totality of facts and

circumstances of the case while refraining from passing any

comments on the niceties of the matter and the defects of the

prosecution as the same may put an adverse effect on hearing of

the appeal, this court is of the opinion that it is a fit case for

suspending the sentence awarded to the accused appellant.

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 Cases,

Jaipur Metro-I, vide judgment dated 13.02.2023 in Sessions Case

No. 15/2018 against the appellant-applicant Sanjeet Kumar Singh

S/o Rajdev Singh shall remain suspended till final disposal of the

aforesaid appeal and he shall be released on bail provided he

executes 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 for their appearance in this court on 22.03.2023 and

whenever ordered to do so till the disposal of the appeal on the

conditions indicated below:-

1. That he/she/they will appear before the trial

Court in the month of January of every year till the

appeal is decided.

(3 of 3) [SOSA-396/2023]

2. That if the applicant(s) changes the place of

residence, he/she/they will give in writing

his/her/their changed address to the trial Court as

well as to the counsel in the High Court.

3. Similarly, if the sureties change their

address(s),they will give in writing their changed

address to the trial Court.

(FARJAND ALI),J

PREETI VALECHA /65

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