HC Jodhpur allowed suspension of sentence under CrPC 389 in NDPS matter involving poppy husk recovery below commercial quantity, noting appeal likely to take long time and accused on bail.
Sentence suspended till final disposal of appeal; appellant released on personal bond with two sureties.
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 No.141/2023
In
S.B. Criminal Appeal (Sb) No. 215/2023
Ram Lal S/o Nanu Ram Balai, Aged About 43 Years, R/o Sareliya, P.s. Kukardeshwar, District Nimach (Mp) (At Present Lodged In District Jail, Chittorgarh)
----Appellant
Versus
State Of Rajasthan, Through PP
| For Appellant(s) | : Mr. |
Birbal Ram Bishnoi |
|---|---|---|
| For Respondent(s) | : Mr. |
Gaurav Singh,AGA |
HON'BLE MR. JUSTICE FARJAND ALI
Order
02/05/2023
[SOSA-141/2023]
(2 of 3)
and thus, reached at an erroneous conclusion of guilt, therefore, the same is required to be appreciated again by this court being the first appellate Court. He was on bail during trial and did not misuse the liberty so granted to him. There is a strong arguable case in his favour. Hearing of the appeal is likely to take long time, therefore, the application for suspension of sentence may be granted.
[SOSA-141/2023]
(3 of 3)
(FARJAND ALI),J
169-divya/-
1 issue framed by the court
Whether suspension of sentence can be granted in NDPS case where quantum is below commercial limits and hearing of appeal will take long time.
4 provisions across 2 enactments
Ram Lal S/o Nanu Ram Balai
State Of Rajasthan, Through PP
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
