Allowed

Balwant Singh S/O Kapur Singh v. State of Rajasthan

Rajasthan HC18 Jul 2023SOSA/849/2023

Case brief

AI extract

What is this about?

High Court considered a suspension of sentence application in a pending NDPS appeal. Observing the appellant was on bail during trial with no criminal antecedents, the Court enlarged him on bail pending appeal disposal subject to bond and appearance conditions.

What did the court decide?

Sentence suspended pending disposal of appeals on condition of executing personal bond with sureties and complying with appearance and residence reporting conditions.

Balwant Singh S/O Kapur Singh Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 849/2023

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S.B. Criminal Appeal NO. 1329/2023

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Balwant Singh S/o Kapur Singh, Aged About 25 Years, Resident Of Thanothi Badi, Thana Siddhmukh, District Churu (Presently Lodged In Sub Jail Fatehpur Shekhawati)

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor

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----Respondent

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For Petitioner(s) : Mr. Chain Singh Rathore. For Respondent(s) : Mr. Riyasat Ali, P.P.

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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18/07/2023

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The instant application for suspension of sentence is preferred in pending appeal, which was admitted on 01.06.2023 filed aggrieved from order of conviction and sentence dated 06.05.2023 in Special Sessions Case No. 06/2019 (arising out of FIR No. 209/2018, Police Station Kotwali, Fatehpur) passed by learned Special Judge (NDPS Act Cases) ex-officio Addl. Sessions Judge, Fatehpur Shekhawati, Sikar, whereby the appellant was convicted under Section 8/15 NDPS Act and sentenced to undergo rigorous imprisonment of five years with a fine of Rs.50,000/-.

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Learned counsel for the appellant submitted that the appellant was on bail during trial and did not misused the liberty granted by the court.

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[SOSA-849/2023]

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(2 of 3)

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While relying upon the grounds of appeal, he referred some material contradictions and discrepancies and submitted that there was not enough evidence to substantiate the conviction order. He further submitted that entire proceedings of search and seizure were conducted in violation of mandatory provisions of law, therefore, the conviction is not sustainable in eye of law. He further submitted that the disposal of the appeal will take its own time.

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The aforesaid contentions were opposed by the learned Public Prosecutor. He further submitted a custody certificate and the same is taken on record.

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Considered the aforesaid contentions and as the appellant was on bail during the trial and no other criminal antecedents are reported against the present appellant, therefore without expressing any opinion on merits on entirety of facts and circumstances, it is a fit case, wherein appellant can be enlarged on bail. The application for suspension of sentence is allowed and sentence of appellant- Balwant Singh S/o Kapur Singh, is suspended till disposal of appeals with the condition that each of them would execute 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 21.12.2023 and whenever ordered to do so till the disposal of the appeals on the conditions indicated below:-

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That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

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(3 of 3) [SOSA-849/2023]

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That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

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

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Misc. Application stands disposed of.

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(ASHOK KUMAR JAIN),J

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PKS/34

Balwant Singh S/O Kapur Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Balwant Singh S/O Kapur Singh v. State of Rajasthan

Case brief

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What did the court decide?

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