This is a Suspension of Sentence Application filed by an appellant in an NDPS case to suspend his sentence during appeal pendency. The High Court dismissed the application noting prior recovery of smack in commercial quantity and previous dismissal of similar applications.
The fourth suspension of sentence application is dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. IV Bail Application No.1249/2021
(Suspension of Sentence Application)
IN
S.B. Criminal Appeal No. 626/2015
Mahesh Kumar S/o Purshottam R/o Soonthi, PS Nahargarh, District Mandsaur, MP. [At present petitioner is in Kota Central Jail]
----Accused-Appellant
Versus
State Of Rajasthan Through PP
----Respondent
For Appellant(s) : Mr. Shivraj Chauhan, through VC For Respondent(s) : Mr. Rajendra Yadav, GA-cum-AAG
HON'BLE MR. JUSTICE UMA SHANKER VYAS
Order
10/01/2022
Heard the learned counsel for the accused-applicant through video conferencing as well as the learned Government Advocatecum-Additional Advocate General and perused the entire material available on record.
This fourth suspension of sentence application has been filed by the applicant seeking suspension of his sentence.
Learned counsel for the applicant has submitted that neither the contraband article was produced before the Court nor any question was raised with regard to FSL report. He has further submitted that co-accused Kishan and Radheyshyam has already been acquitted by the learned Special Judge, NDPS cases, Kota in Sessions Case No.11/2016.
(2 of 2)
[SOSA-1249/2021]
Learned counsel for the applicant has further submitted that the appellant has been in custody since 24.11.2013. In view of above, he has prayed that this fourth application for suspension of sentence of the applicant may be allowed and sentence of the applicant may be suspended during the pendency of the appeal.
Learned Public Prosecutor has opposed the fourth application for suspension of sentence.
I have considered the submissions.
This Court finds that second suspension of sentence application No.354/2019 of the applicant was dismissed by the Coordinate Bench of this Court vide order dated 15.03.2019 on the ground of recovery of smack from the applicant, which is more than commercial quantity.
This Court also finds that the applicant has been awarded 20 years Rigorous Imprisonment by the learned Special Judge, NDPS cases, Kota and looking to recovery of 950 grams “smack” from the applicant, which is more than commercial quantity; but, without expressing any opinion on the merits of the case, this Court is not inclined to suspend the sentence awarded to the applicant.
This fourth suspension of sentence application is dismissed accordingly.
(UMA SHANKER VYAS),J
DANISH USMANI /06
1 issue framed by the court
Whether the fourth suspension of sentence application filed by the appellant should be allowed in view of the 20-year rigorous imprisonment awarded for narcotic offences involving commercial quantity.
Mahesh Kumar
State Of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
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