Citation : 2023 Latest Caselaw 616 Raj
Judgement Date : 16 January, 2023
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Application (Suspension of Sentence) No.10/2023
In
S.B. Criminal Revision Petition No. 38/2023
Vinod Kumar S/o Jaimal Ram, Aged About 36 Years, R/o 04 E.e. Choti, Police Station Padampur, District Sri Ganganagar. (Presently Lodged In Sub Jail Shri Karanpur)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. D.L. Rawla For Respondent(s) : Mr.Abhishek Purohit, AGA
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
16/01/2023
Heard learned counsel for the applicant-petitioner and
learned Public Prosecutor for the State on application for
suspension of sentences. Perused the material available on record.
It is contended by the counsel for the petitioner that
petitioner-applicant Vinod Kumar S/o Jaimal Ram has been
convicted for the offence under Section 8/21 of the NDPS Act and
sentenced to undergo six months' rigorous imprisonment along
with fine of Rs.10,000/-. Learned counsel further petitioner was on
bail during trial and disposal of the revision petition will consume
time thus, sentence awarded to him may be suspended during
pendency of the revision petition.
(2 of 2) [SOSR-10/2023]
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 the disposal of revision will consume
time, therefore, this Court deems it fit and proper to allow the
application for suspension of sentence filed by the petitioner-
applicant.
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 Additional Sessions Judge, Sri
Karanpur, District Sri Ganganagar vide judgment dated
09.01.2023 in Criminal Case No.21/2022 against the petitioner-
applicant Vinod Kumar S/o Jaimal Ram shall remain suspended till
final disposal of the aforesaid revision 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 his appearance in this
court on 17.02.2023 and whenever ordered to do so.
(VINOD KUMAR BHARWANI),J 133-Mamta/-
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