Shiv Lal @ Shivam v. State of Rajasthan
Case brief
What is this about?
The Rajasthan High Court allowed an application for suspension of sentence under Section 389 Cr.P.C., directing the release of the appellant on bail. The court held that defects in the seizure procedure created a strong arguable case in the appellant's favor, making it a fit case for suspension pending appeal disposal.
What did the court decide?
Sentence suspended pending appeal; appellant released on bail with personal bond of Rs.50,000 and two sureties of Rs.25,000 each, subject to appearance conditions.
What the court decided
[2023/RJJD/016744]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 225/2023
Shiv Lal @ Shivam S/o Sh. Bhanwarlal, Aged About 24 Years, R/o Kheda Kalaia Ps Piploda Dist. Ratlam M.P. (Presently Lodged In Central Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Rahul Batty For Respondent(s) : Mr. Gourav Singh, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
23/05/2023
Issues for consideration
3 issues framed by the court
Whether the sentence awarded to the convicted appellant should be suspended pending the hearing of the appeal.
Whether the defects in the prosecution seizure procedure in the case below constitute a strong arguable case warranting suspension of sentence.
Whether the embargo provisions under Sections 32 and 37 of the NDPS Act are attracted in the present case for the purpose of suspension.
Parties & counsel
- appellant
Shiv Lal @ Shivam
- respondent
State Of Rajasthan
Coram
Farjand Ali
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · May
- Registered
- Case no.
- SOSA/225/2023
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