Allowed

Gajendra Singh v. State of Rajasthan

Rajasthan HC14 Jan 2021SOSA/10/2021

Case brief

AI extract

What is this about?

In an application under Section 389 Cr.P.C. seeking suspension of sentence for offences under the NDPS Act, the High Court allowed the application for 07 days. The order was based on the death of the appellant's grandmother and required a personal bond of Rs. 1 lac with an undertaking to surrender the next day after the suspension period.

What did the court decide?

Sentence suspended for 07 days from actual release, contingent on a personal bond of Rs. 1 lac and an undertaking to surrender within 24 hours of the suspension period.

Gajendra Singh Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. Tempporary Suspension Of Sentence Application (Appeal) No. 10/2021

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Gajendra Singh S/o Sh. Laxman Singh, Aged About 42 Years, B/c Rawna Rajput, R/o Bedwa, P.S. Khunkhuna, Distt. Nagaur (Raj) (Presently Lodged In District Jail, Nagaur)

----Petitioner

Versus

State Of Rajasthan

----Respondent

For Petitioner(s) : Mr. Vineet Jain For Respondent(s) : Mr. S.K. Bhati, PP

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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14/01/2021

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In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

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The present suspension of sentence application has been filed by the appellant under Section 389 Cr.P.C. against the judgment and order dated 31.01.2019 passed by learned Additional Sessions Judge No.3, Parbatsar, District Nagour in Sessions Case No.49/2018 for the offences punishable under Sections 8/18, 8/25 NDPS Act, seeking temporary suspension of sentence.

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Heard learned counsel for the appellant and learned Public Prosecutor and perused the material available on record.

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Learned counsel for the appellant submits that the grand mother of the appellant has expired on 03.01.2021.

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(2 of 2)

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[SOSA-10/2021]

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Learned Public Prosecutor confirms that the grand mother of the appellant has expired.

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Looking to the facts and circumstances of this case, this Court is of the opinion that the sentence of appellant deserves to be suspended for a period of 07 days from the date of his actual release, with the condition that the appellant will submit personal security bond of Rs.1 lac with the assurance/ guarantee of his family member that he/she will ensure surrender of the accusedappellant before the concerned Jail Authorities in the morning of next day of completion of 07 days from the date of his actual release.

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Accordingly, the application for temporary suspension of sentence is allowed and it is ordered that sentence of appellant Gajendra Singh S/o Sh. Laxman Singh , shall remain suspended for a period of 07 days from the date of his actual release on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lac only) along with undertaking/ assurance/guarantee of his family member that he/she will ensure surrender of the accusedappellant before the concerned Jail Authorities in the morning of next day of completion of 07 days from the date of his actual release.

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Let the matter be again listed on 27.01.2021 for further orders. On that date, learned Public Prosecutor and counsel for the appellant shall be required to submit the compliance of the aforesaid order.

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(DR. PUSHPENDRA SINGH BHATI),J.

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73-Zeeshan

Gajendra Singh v. State of Rajasthan

Case brief

What is this about?

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Gajendra Singh v. State of Rajasthan

Case brief

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What did the court decide?

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