Dashrath Singh vs Central Bureau Of Narcotics ...
2023 Latest Caselaw 5012 Raj

[2023/RJJD/016521]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Temporary Suspension Of Sentence Application (Appeal) No. 444/2023

Dashrath Singh S/o Sh. Udai Singh, Aged About 40 Years, R/o Village Aardi, Police Station Narayangarh, Tehsil Malhargarh, District Mandsaur (Madhya Pradesh) (At Present Lodged In Central Jail, Udaipur)

----Petitioner Versus Central Bureau Of Narcotics, Chittorgarh Through Spl. PP

----Respondent

For Petitioner(s) : Mr. Deepak Nehra For Respondent(s) : Mr. K.S. Nahar, Special P.P. for CBN

HON'BLE MR. JUSTICE FARJAND ALI

Order

19/05/2023

1. The instant application under Section 389 CrPC seeking

temporary suspension of sentence has been preferred on behalf of

the appellant-applicant, who has been convicted by the learned

Special Judge, NDPS Act Cases, No.2, Chittorgarh vide judgment

dated 09.03.2022 passed in Sessions Case No.2/2019 for the

offences under 8/25 and 8/29 of the NDPS Act and sentenced to

undergo rigorous imprisonment of 15 years on each count.

2. Learned counsel for the appellant-applicant submits that the

'Aana and Gauna' function (marriage) of the daughter of the

appellant-applicant is going to be held from 22.05.2023 to

24.05.2023. The invitation card has been annexed with the file.

It is prayed that since the presence of the appellant-applicant at

[2023/RJJD/016521] (2 of 2) [SOSA-444/2023]

the marriage is essential, therefore, he may be released on bail by

temporarily suspending his sentence.

3. Considering the submissions advanced by the learned

counsel for the appellant-applicant and taking a humanitarian view

of the matter, this court is inclined to grant temporary bail of 15

days to the appellant-applicant.

4. Accordingly, the instant application for temporary suspension

of sentence is allowed. The sentence awarded to appellant-

applicant Dashrath Singh S/o Udai Singh by learned Special Judge,

NDPS Act Cases, No.2, Chittorgarh in Sessions Case No.2/2019

vide judgment dated 09.03.2022 shall remain suspended for a

period of 15 days from the date of his actual release upon his

furnishing a personal bond in the sum of Rs.1,00,000/- and two

sound and solvent sureties of Rs.50,000/- each to the satisfaction

of Superintendent, Central Jail, Udaipur. The appellant-applicant

shall surrender before the Superintendent, Central Jail, Udaipur in

the morning of the next day of completion of the period of

temporary bail.

(FARJAND ALI),J 255-Pramod/-

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