Dashrath Singh vs Central Bureau Of Narcotics ...
2023 Latest Caselaw 7073 Raj

[2023:RJ-JD:29130]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence (Temporary Bail) Application No. 1131/2023

Dashrath Singh S/o Shri Udai Singh, Aged About 47 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 Special Public Prosecutor

----Respondent

For Petitioner(s) : Mr. Deepak Nehra For Respondent(s) : Mr. K.S. Nahar, SPP

HON'BLE MR. JUSTICE FARJAND ALI

Order

12/09/2023

1. The instant application under Section 389 Cr.P.C. seeking

temporary suspension of sentence has been preferred on

behalf of the appellant-applicant, who has been convicted by

the learned Special Judge, NDPS Cases No.2, Chittorgarh

Camp Nibahera passed in Sessions Case No.02/2019

(06/2017) vide judgment dated 09.03.2022 for the offences

under Sections 8/18, 8/25 and 8/29 of the NDPS Act with

maximum punishment of rigorous imprisonment of 15 years.

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

mother of the appellant has passed away on 07.09.2023 and

his presence is essential to perform the last rites and rituals

of his mother. Therefore, it is prayed that the appellant may

be released on bail by temporarily suspending his sentence.

[2023:RJ-JD:29130] (2 of 2) [SOSA-1131/2023]

3. The fact has not been disputed by learned Special Public

Prosecutor.

4. I have heard the learned counsel for the appellant-applicant

and the learned Special Public Prosecutor and gone through

the material available on record.

5. 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 30 days to the appellant-applicant.

6. Accordingly, the instant application for temporary suspension

of sentence is allowed. The sentence awarded to appellant-

applicant Dashrath Singh S/o Shri Udai Singh by learned

Special Judge, NDPS Cases No.2, Chittorgarh Camp Nibahera

in Sessions Case No.02/2019 (06/2017) vide judgment dated

09.03.2022 shall remain suspended for a period of 30 days

from the date of his actual release upon his furnishing a

personal bond in the sum of Rs.50,000/- and two sound and

solvent sureties of Rs.25,000/- each to the satisfaction of the

trial Court. The appellant-applicant shall surrender before the

concerned authority of the Central Jail, Udaipur in the

morning of the next day of completion of the period of

temporary bail.

(FARJAND ALI),J 190-Ashutosh/-

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