Allowed

Deepak Durga S/O Shri Vishnu Durga v. State of Rajasthan

Rajasthan HC4 Jan 2022SOSA/452/2021

Case brief

AI extract

What is this about?

The High Court allowed a suspension of sentence application filed by Deepak Durga, who was convicted under the NDPS Act and in judicial custody pending a revision petition. The court suspended the execution of his sentence pending the pendency of the petition, subject to the applicant furnishing a personal bond of Rs. 1,00,000 with two sureties of Rs. 50,000 each before the trial court appearing o

What did the court decide?

Suspension of the execution of the sentence awarded by the trial court during the pendency of the revision petition, contingent on furnishing a personal bond of Rs. 1,00,000 with two sureties of Rs. 5

Deepak Durga S/O Shri Vishnu Durga Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. Suspension of Sentence (Bail) Application

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No.452/2021

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S.B. Criminal Appeal No. 1178/2018

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Deepak Durga S/o Shri Vishnu Durga, R/o Devpura, Police Station Jaipatna Devpur, District Kalahandi, Orissa. (At Present Confined At Central Jail, Kota).

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----Accused/Appellant

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Versus

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State Of Rajasthan Through P.P.

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----Respondent

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For Appellant(s) : Mr. Dharmendra Choudhary For Respondent(s) : Mr. Rajendra Yadav, GA-cum-AAG

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HON'BLE MR. JUSTICE UMA SHANKER VYAS

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Order

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04/01/2022

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This suspension of sentence application has been filed by the applicant seeking suspension of his sentence.

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Learned counsel for the applicant has contended that the applicant was convicted by the Trial Court vide its judgment dated 05.12.2017 for the offence under Section(s) 8/20 NDPS Act and sentenced as under:-

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For offence under Section(s) 8/20 NDPS Act- Rigorous Imprisonment of ten years with a fine of Rs. 50,000/-; in default of payment of fine, to further undergo rigorous imprisonment of six months.

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Learned counsel further submits that the accused applicant was on bail during trial but is in judicial custody since 13.11.2017

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(2 of 2)

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[SOSA-452/2021]

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and currently is in judicial custody at Central Jail Kota. The disposal of the revision is likely to take long time. He has prayed that this application for suspension of sentence of the applicant may be allowed and sentence of the applicant may be suspended during the pendency of the petition.

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Learned Public Prosecutor has opposed same.

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Having heard the learned counsel appearing for the respective parties and carefully scanned the entire material available on record, this suspension of sentence application filed by the applicant is allowed and it is ordered that execution of sentence awarded to accused applicant Deepak Durga S/o Shri Vishnu Durga by the trial Court shall remain suspended during the pendency of the petition, provided he furnishes a personal bond of Rs. 1,00,000/- (Rs. One Lakh) with two sureties of Rs.50,000/- (Rupees Fifty Thousand) each before the concerned trial Court to the satisfaction of the learned trial court with the stipulation that he shall appear before this Court on 4^th February, 2022 and thereafter as and when called upon to do so.

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(UMA SHANKER VYAS),J

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DANISH USMANI /14

Deepak Durga S/O Shri Vishnu Durga v. State of Rajasthan

Case brief

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Deepak Durga S/O Shri Vishnu Durga v. State of Rajasthan

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