Allowed

Pappu Lal Son of Ramnarayan v. State of Rajasthan

Rajasthan HC29 May 2023SOSA/759/2023

Case brief

AI extract

What is this about?

The High Court allowed a suspension of sentence application in an NDPS appeal after finding the appellant had already served nearly half his sentence and posed no public danger, provided he executes a bond and appears at specified intervals.

What did the court decide?

Suspension of sentence allowed on execution of a personal bond of Rs. 50,000/ with two sureties of Rs. 25,000/ each and compliance with appearance conditions.

Pappu Lal Son of Ramnarayan Vs State of Rajasthan — Rajasthan HC (2023) — LawSathi Research

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[2023/RJJP/012430]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. (SOS) Application No. 759/2023

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S.B. Criminal Appeal No.603/2023

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Pappu Lal Son Of Ramnarayan, Resident Of Mahaveer Colony, Boring Ki Gali, Bundi, Police Station Kotwali Bundi, District Bundi, District Bundi (Rajasthan) Presently Confined In Central Jail, Kota

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----Appellant

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Versus

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State Of Rajasthan, Through Pubic Prosecutor

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----Respondent

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For Appellant(s) : Mr. Dheeraj Singhal For Respondent(s) : Mr. M.K. Sheoran, PP

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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29/05/2023

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Learned Public Prosecutor has submitted custody certificate and same is taken on record.

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Heard learned counsel for the appellant and learned Public Prosecutor on application for suspension of sentence which is preferred in pending appeal aggrieved from order of conviction and sentence dated 03.11.2022 in Special Sessions Case No.03/2014 passed by learned Special Judge, NDPS Cases, Bundi whereby appellant was convicted under Section 8/21 NDPS Act and sentenced to undergo rigorous imprisonment for 4 years along with a fine of Rs.10,000/-.

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Learned counsel has submitted that appellant was on bail during trial but after conviction by learned trial court, appellant

[2023/RJJP/012430]

[SOSA-759/2023]

(2 of 3)

was taken into custody and send to serve the sentence. He further submitted that no other criminal antecedents is available against appellant and the disposal of appeal will take its own time and a substantial part of the sentence has already been undergone by appellant. He further submitted that the recovered quantity is he just above small quantity and lesser than commercial one.

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Aforesaid contentions were opposed by learned Public Prosecutor.

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Considered the submissions and also perused the material available on record.

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Custody certificate submitted by learned Public Prosecutor clearly indicated that the appellant remained in custody during trial for a period of one year, six months and four days and after recording of conviction he was send to serve the sentence as awarded by learned trial court and till now he had already undergone more than 2 years out of awarded 4 years.

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At this stage, which is not possible for the court to opine on merits of the case but looking to entirety of case, this court deems it appropriate to allow the suspension of sentence application of present appellant- Pappu Lal Son Of Ramnarayan provided he executes a personal bond 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 07.12.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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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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That if the applicant(s) changes the place of residence, he will give in writing his/her/their

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[2023/RJJP/012430]

[SOSA-759/2023]

changed address to the trial Court as well as to the counsel in the High Court. 3. Similarly, if the sureties change their address(s), he will give in writing their changed address to the trial Court.

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Misc. application, if any, stand disposed of.

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(ASHOK KUMAR JAIN),J

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Arun/27

Pappu Lal Son of Ramnarayan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Pappu Lal Son of Ramnarayan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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