Rajasthan High Court
Ramlal Son Of Mahendra Singh vs State Of Rajasthan (2024:Rj-Jp:4047) on 24 January, 2024
Author: Uma Shanker Vyas
Bench: Uma Shanker Vyas
[2024:RJ-JP:4047]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. II Suspension of Sentence
Application (Appeal) No. 48/2024
IN
S.B. Criminal Appeal No.1878/2021
Ramlal Son of Mahendra Singh, Aged About 25
Years, Resident Of Village Dutal Police Station
Patran City, Tehsil Samana, District Patiyala
(Punjab) Previously Confined In Central Jail, Ajmer
But Later On Transfer In Open Air Camp Jaitsar,
Shriganganagar And Now Presently Confined In
Open Air Camp Jaitsar, Shriganganagar
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Dheeraj Singhal, Adv.
For : Mr. Bhawani Shankar Sharma,
Respondent(s) P.P.
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Judgment / Order
24/01/2024
This second application for suspension of
sentence has been filed by the applicant-appellant
alongwith the appeal.
Learned counsel for the applicant-appellant
submits that the applicant-appellant has been
convicted by the Court of learned Special Judge
(N.D.P.S. Act) No.1, Kekri, Distt. Ajmer for offence(s)
under Section(s) 8/15 of the N.D.P.S. Act and
[2024:RJ-JP:4047] (2 of 3) [SOSA-48/2024]
sentenced with a maximum period of twenty years
rigorous imprisonment along with fine as per
judgment dated 11.10.2021. Presently, the appellant
is behind the bars since 20.01.2014. It is further
submitted that similarly situated co-accused namely
Balveer Singh's sentence has already been
suspended by a Co-ordinate Bench of this Court. It is
also submitted that in relation to the recovery of the
drugs, mandatory provisions of Section 42, 50, 55 &
57 of the N.D.P.S. Act, have not been followed and it
is appropriate to give its benefit to the appellant in
the form of acquittal. Counsel submits that the
judgment of conviction & sentence passed by the
Trial Court, is totally based upon surmises and
conjectures and the appeal is likely to take long time
to conclude. Hence, the sentence awarded to the
applicant-appellant may be suspended during the
pendency of the appeal.
Learned Public Prosecutor has vehemently
opposed the submissions made by learned counsel
for the applicant-appellant. He submits that the
recovered contraband i.e. Opium Doda Post (1720
kilograms) is above the commercial quantity, thus,
the embargo contained under Section 37 of the NDPS
Act would be attracted.
[2024:RJ-JP:4047] (3 of 3) [SOSA-48/2024]
Looking to the term of sentence, time taken for
disposal of the appeal, without commenting upon the
merits of the case and considering the submissions
made at bar, this Court deems it just and proper to
suspend the sentence awarded to the applicant-
appellant.
Accordingly, this second application for
suspension of sentence, is allowed and it is hereby
ordered that that execution of sentence awarded to
the applicant-appellant, namely Ramlal S/o
Mahendra Singh, by the Trial Court vide judgment
dated 11.10.2021, shall remain suspended during the
pendency of the appeal, provided he furnishes a
personal bond in the sum of Rs.1,00,000/- along with
two sureties in the sum of Rs.50,000/- each, to the
satisfaction of the learned Trial Court with the
stipulation that he shall appear before this Court on
26.02.2024 and thereafter, as and when he is called
upon to do so.
(UMA SHANKER VYAS),J
DANISH USMANI /40
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