Single judge allowed the Criminal Appeal against conviction and sentence, granting interim suspension of the sentence pending final disposal. Appellant was to execute a personal bond as a condition.
Sentence suspended till disposal of appeal subject to execution of personal bond.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misc. (SOS) Application No.995/2023
In
S.B. Criminal Appeal No. 1693/2023
Ghanshyam Son Of Buddhsingh, Aged About 27 Years, Resident Of Talda, Police Station Govindgarh, District Alwar(Raj.)
----Appellant
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Appellant(s) : Mr. Sanjay Verma For Respondent(s) : Mr. S.S. Mahala, PP
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order
06/07/2023
Learned Public Prosecutor accepts notice on behalf of the State.
Present appeal is preferred aggrieved from order of conviction and sentence dated 17.06.2023 in Criminal Regular Case No.1/2017 passed by learned Special Judge (NDPS Cases), Alwar whereby appellant was convicted for charge under Sections 8/20 NDPS Act and Sections 411, 471 IPC.
Considered the grounds of appeal and perused the material available on record.
Admit.
Call for record.
It is submitted that learned trial court after awarding sentence has suspended defence of sentence for a period of 30
[SOSA-995/2023]
(2 of 2)
days till 15.07.2023 as the appellant was on bail during trial and disposal of appeal will take its own time.
Considered the submissions and also perused the ordersheet dated 17.06.2023 passed by learned trial court.
Considering the fact that appellant is on bail and disposal of appeal will take its own time, therefore application under Section 389(1) of Cr.P.C. is allowed and sentence of accused-appellant- Ghanshyam Son Of Buddhsingh is suspended till disposal of appeal with the condition that he would 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 19.12.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
Misc. Application stands disposed of.
(ASHOK KUMAR JAIN),J
Arun/40
1 issue framed by the court
Whether suspension of sentence during the pendency of criminal appeal is permissible under Section 389(1) Cr.P.C.
1 provisions across 1 enactments
Ghanshyam Son Of Buddhsingh
State Of Rajasthan
Ashok Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
