Allowed

Roop Singh v. State of Rajasthan

Rajasthan HC3 Nov 2023SOSA/692/2023

Case brief

AI extract

What is this about?

Allowed suspension of sentence under Section 389 Cr.P.C. pending appeal against conviction under NDPS Act. Granted release on personal bond and two sureties. Held embargo provisions inapplicable as contraband was below commercial quantity.

What did the court decide?

Application for suspension of sentence allowed; petitioner released on personal bond of Rs.50,000 and two sureties of Rs.25,000 each until appeal disposal.

Roop Singh Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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[2023:RJ-JD:37642]

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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. 692/2023

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Roop Singh S/o Sh. Singara Singh, Aged About 47 Years, B/c Raisikh, R/o Vill. Bhode, P.S. Bilga, Teh. And Dist. Jalandhar (Punjab).

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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. Himmat Jagga
For Respondent(s)	: Mr. Mahipal Bishnoi,PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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03/11/2023

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The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 15.06.2023 passed by the learned Special Judge, NDPS Act Cases, Sriganganagar in Sessions Case No.50/2017 (CIS No.51/2017) whereby the appellant was convicted and sentenced to suffer maximum punishment of one year rigorous imprisonment along with compensation fine of Rs.10,000/- under Section 8/21 of the NDPS Act.

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It is contended on behalf of the applicant that the learned trial Judge has not appreciated the correct, legal and factual aspects of the matter and thus, reached at an erroneous conclusion of guilt, therefore, the same is required to be appreciated again by this court. Hearing of the appeal is

[2023:RJ-JD:37642]

[SOSA-692/2023]

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likely to take long time, therefore, the application for suspension of sentence may be granted.

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Per contra, learned Public Prosecutor has vehemently opposed the prayer made on behalf of the accused-applicant for releasing the petitioner on application for suspension of sentence.

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Heard and perused the material available on record.

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Considering the submissions of learned counsel for the parties and considering that the recovered contraband is below the demarcated commercial quantity and for that the embargo contained under Section 32-A & 37 of NDPS Act are not applicable. Looking to the totality of facts and circumstances of the case, more particularly the facts/fact that the hearing of appeal is likely to take further more time and considering the overall submissions while refraining from passing any comments on the niceties of the matter and the defects of the prosecution as the same may put an adverse effect on hearing of the appeal, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-petitioner.

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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 sentence passed by learned Special Judge, NDPS Act Cases, Sriganganagar in Sessions Case No.50/2017 (CIS No.51/2017) against the petitioner-applicant- Roop Singh S/o Sh. Singara Singh shall remain suspended till final disposal of the aforesaid appeal and he shall be released on

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[2023:RJ-JD:37642]

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[SOSA-692/2023]

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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 for his appearance in this court on 02.12.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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(1) That he will appear before the trial Court in the month of January of every year till the appeal is decided.

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(2) That if the applicant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

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(3) Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.

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(FARJAND ALI),J

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71-Ashutosh/-

Roop Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Roop Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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