Allowed

Anil Kumar v. State of Rajasthan

Rajasthan HC11 Jan 2022SOSA/820/2021

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed the application for suspension of sentence. The appellant, convict of a two-year rigorous imprisonment sentenced by a Special Judge under NDPS Act, was granted bail with a personal bond and two sureties pending final disposal of the appeal.

What did the court decide?

Sentences passed by the Special Judge, NDPS Act Cases No.1, Chittorgarh, shall remain suspended till final disposal of the appeal and the appellant shall be released on bail.

Anil Kumar Vs State of Rajasthan — Criminal Trial and Appeal | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 820/2021

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Anil Kumar S/o Shivnarayan Mandliya Jain, Aged About 31 Years, Basai, P.s. Suvasara, Dist. Mandsaur (M.p.). (At Present Lodged In Central Jail, Udaipur)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr.RK Charan, through VC For Respondent(s) : Mr. Gaurav Singh

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HON'BLE MR. JUSTICE MADAN GOPAL VYAS Order 11/01/2022

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Heard learned counsel for the applicant-appellant and learned public prosecutor for the State on application for suspension of sentence. Perused the material available on record.

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It is contended by the counsel for the applicant-appellant that appellant has been awarded sentence for two years’ rigorous imprisonment. It is also submitted that the applicant-appellant was on bail during trial and he has not misused the liberty of bail and disposal of the appeal will consume time.

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Learned Public Prosecutor has opposed the application for suspension of sentence.

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I have heard and considered the arguments advanced by the counsel for the parties and have gone through the material available on record.

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Having considered the facts and circumstances and particularly

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(2 of 2)

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[SOSA-820/2021]

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the fact that applicant-appellant is awarded maximum sentence of two years, and he was on bail during trial, disposal of appeal will consume time, therefore, this Court deems it fit and proper to allow the application for suspension of sentence filed by the appellant-applicant.

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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 No.1, Chittorgarh, vide judgment dated 2.12.2021 in Sessions Case No.62/2008 against the appellant-applicant Anil Kumar S/o Shivnarayan Mandliya Jain 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.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge to the effect that he shall appear before this Court as and when called upon to do so.

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(MADAN GOPAL VYAS),J

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62-CPGoyal/-

Anil Kumar v. State of Rajasthan

Case brief

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Anil Kumar v. State of Rajasthan

Case brief

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