Kailash v. State
Case brief
What is this about?
Hon'ble High Court allowed second application for suspension of sentence under Section 389 Cr.P.C. due to prolonged custody over 5 years and unaddressed validity of Section 50 NDPS Act notice, granting release on bail with conditions.
What did the court decide?
Sentence suspended; appellant released on bail subject to depositing 50% fine and personal bond with sureties.
What the court decided
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Suspension Of Sentence(Appeal) No. 634/2018
In
S.B. Criminal Appeal No. 163/2018
Kailash S/o Ratanlal Dhobi, Aged About 36 Years, B/c Dhobi, R/o Nai Aabadi, Arnod, (Presently Lodged In Central Jail, Udaipur)
----Petitioner
Versus
State, Through PP
----Respondent
For Petitioner(s) : Mr. M.L. Bishnoi. For Respondent(s) : Mr. O.P. Rathi, Public Prosecutor.
HON'BLE MR. JUSTICE P.K. LOHRA
Order
29/11/2018
Issues for consideration
2 issues framed by the court
Whether suspension of sentence can be granted under Section 389 Cr.P.C. in a case involving violation of Section 50 NDPS Act and prolonged custody.
Whether the appellant is eligible for bail on suspension of sentence pending appeal.
Parties & counsel
- petitioner
Kailash
- respondent
State
Coram
P.K. LOHRA
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · November
- Registered
- Case no.
- SOSA/634/2018
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