Yespal Singh v. U.O.I.
Case brief
What is this about?
This High Court allowed the accused-petitioners second bail application for suspension of sentence under Section 389 Cr.P.C. noting lack of major physical recovery and low quantity of opium involved.
What did the court decide?
Suspension of sentence and release on bail pending disposal of the appeal, subject to executing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each.
What the court decided
1
S.B.CR. MISC. SECOND BAIL APPLICATION (SOS) NO.799/2014 IN
S.B.CRIMINAL APPEAL NO.902/2013
Yashpal Singh Vs. C.B.N.
Date of order : 12.01.2015
HON'BLE MR. JUSTICE P.K. LOHRA, J.
Mr. M.L.Bishnoi, for the accused-petitioner. Mr. N.K.Rai, Special P.P.
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Heard learned counsel for the accused-petitioner and learned Special Public Prosecutor on application for suspension of sentence.
Accused-petitioner has filed this second bail application for suspension of sentence under Section 389 Cr.P.C. In the application, it is inter alia averred by the petitioner that the edifice of the conviction recorded by the learned trial Court is confessional statement of the accused under Section 67 of the NDPS Act, which is a contentious issue as the requisite conditions were not satisfied. Mr. Bishnoi further submits that sentence of main accused, Shankar Lal has already been suspended by this Court by order dated 19.12.2013. One more ground, which is urged by learned counsel is that the petitioner is behind the bars since 24.09.2013 and earlier also he remained behind the bars for almost one year.
Issues for consideration
1 issue framed by the court
Whether the petitioners second bail application for suspension of sentence under Section 389 Cr.P.C. should be allowed given the contentious nature of the confessional statement and the low weight of
Parties & counsel
- petitioner
Yashpal Singh
- respondent
C.B.N.
Coram
P.K. LOHRA
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · January
- Registered
- Case no.
- CRLAB/799/2014
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