In a suspension of sentence application, the High Court held the case fit for suspension. The court granted bail and suspended the sentence pending the final disposal of an appeal filed by a narcotics conviction.
Suspension of sentence awarded till the final disposal of the appeal; release on bail with a bond and specific attendance conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.
..
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 202/2020.
Laxman Choudhary S/o Shri Sukha Ram, Aged About 30 Years, By Caste Jat, R/o Bala P.S. Bilara, District Jodhpur. (At Present Lodged In Central Jail, Jodhpur).
----Petitioner
Versus
State of Rajasthan through P.P.
----Respondent
| For Petitioner(s) | : Mr. Ram Niwas Choudhary. |
|---|---|
| For Respondent(s) | : Mr. Vikram Sharma,PP. |
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
02/07/2020
Heard learned counsel for the petitioner – appellant and the learned Public Prosecutor on application for suspension of sentence.
Learned counsel for the petitioner – appellant has submitted the bail order for perusal of the Court and as per the bail order, benefit of bail was granted to the appellant accused on 10th September, 2014. Learned counsel also argued that 12 years sentenced was awarded to the accused.
Learned Public Prosecutor informed the Court that out of 12 years sentence, the accused has served the sentenced for a period of 5 years, 6 months and 25 days upto 27th May, 2020.
In support of his contention that sentence should be suspended, where the accused has served the sentence for five
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[SOSA-202/2020]
years or more, learned counsel for the accused has relied upon the following judgments, which are as under:-
Upon a consideration of the arguments advanced on behalf of the petitioner and having regard to the facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court is of the opinion that it is a fit case for suspending the sentences awarded to the accused petitioner.
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Special Judge (NDPS Act Cases) [Additional Sessions Judge, Jaitaran, District Pali (Raj.)], vide judgment dated 01.11.2019 in Sessions Case No. 56/2016 (70/2010) CIS No. 45/2016 against the petitioner-applicant
(3 of 3)
[SOSA-202/2020]
Laxman Choudhary S/o Sukha Ram, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 04.08.2020 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was/were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused applicant(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(DEVENDRA KACHHAWAHA),J
97-Mohan/-
2 issues framed by the court
Whether the sentence awarded to the accused can be suspended given that the appellant has served a significant portion of the term.
Whether the present case is a fit case for suspension of sentence under Section 389 Cr.P.C.
Colour shows how this judgement treated each authority
Prakash Dhaker Vs. The State of Madhya PradeshReferred¶20
Prakash Dhaker Vs. The State of Madhya Pradesh, decided on 15.12.2017
Mayuresh Nandkumar Purohit Vs. Kaushik MannaReferred¶21
Mayuresh Nandkumar Purohit Vs. Kaushik Manna, decided on 19.02.2018
Adam Khan Vs. Narcotics Control BureauReferred¶22
Adam Khan Vs. Narcotics Control Bureau, decided on 13.10.2017
Thana Singh Vs. Central Bureau of NarcoticsReferred¶23
Thana Singh Vs. Central Bureau of Narcotics, decided on 23.01.2013
Mohammed Hussain Vs. The State of RajasthanReferred¶24
Mohammed Hussain Vs. The State of Rajasthan, decided on 13.04.2018
Laxmanlal Vs. State of RajasthanReferred¶25
Laxmanlal Vs. State of Rajasthan, decided on 06.12.2017
1 provisions across 1 enactments
Laxman Choudhary
State of Rajasthan
Devendra Kachhawaha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Devendra Kachhawaha
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