Hem Raj Vs State

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S. B. CRL. MISC. 3^rd BAIL (SOS) APPLICATION NO.863/2014 (Hemraj Vs. State of Rajasthan) IN S. B. CRIMINAL APPEAL NO.352/2013

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Date of Order : : 16-04-2015

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HON’BLE MS.JUSTICE NIRMALJIT KAUR

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Mr.Mridul Jain, counsel for the applicant/appellant. Mr.K.K.Rawal, counsel for the State.

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This is the third bail application under Section 389 of Cr.P.C. for suspension of sentence awarded to the accused-applicant by Special Judge, NDPS Act Cases, Bhilwara vide Judgment dated 17.04.2013 in Sessions Case No.35/2011 for the offence under Section 8/15(C) of the NDPS Act.

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It is stated that the applicant has already undergone almost four years and one month of the total sentence, out of which more than two years are after conviction. Thus, the case of the applicant is squarely covered by the ratio of the judgment rendered by Division Bench of Punjab & Harayana High Court in the case of Daler Singh Vs. State of Punjab reported in 2007(1) RCR (Criminal) 316 .

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The appeal is not likely to be heard in near future.

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Taking into account the facts and circumstances of the case, this Court deems it proper to suspend the sentence awarded to the accused-applicant.

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Accordingly, the third bail application under Section 389 Cr.P.C. for suspension of sentence is allowed and it is ordered that the sentence passed by Special Judge, NDPS Act Cases, Bhilwara vide judgment dated 17.4.2013 in Sessions Case No.35/2011 against the applicant-Hemraj S/o Kalla Ram shall remain suspended till the final disposal of aforesaid appeal provided he executes a personal bond in the sum of Rs. 50,000/- each along with two sureties in the sum of Rs.25,000/- each to the satisfaction of the trial court for his appearance in this Court as and when called upon to do so.

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(NIRMALJIT KAUR), J.

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NK

Hem Raj v. State

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Hem Raj v. State

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