Allowed suspension of sentence under Section 389 CrPC for a convict under NDPS Act pending revision, ordering release on bail with personal bond and two sureties to appear in court.
Sentence suspended till final disposal of the revision; released on bail with personal bond of Rs.50,000 and two sureties of Rs.25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Application (Suspension of Sentence) No.10/2023
In
S.B. Criminal Revision Petition No. 38/2023
Vinod Kumar S/o Jaimal Ram, Aged About 36 Years, R/o 04 E.e. Choti, Police Station Padampur, District Sri Ganganagar. (Presently Lodged In Sub Jail Shri Karanpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. D.L. Rawla For Respondent(s) : Mr.Abhishek Purohit, AGA
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
16/01/2023
Heard learned counsel for the applicant-petitioner and learned Public Prosecutor for the State on application for suspension of sentences. Perused the material available on record. It is contended by the counsel for the petitioner that petitioner-applicant Vinod Kumar S/o Jaimal Ram has been convicted for the offence under Section 8/21 of the NDPS Act and sentenced to undergo six months’ rigorous imprisonment along with fine of Rs.10,000/-. Learned counsel further petitioner was on bail during trial and disposal of the revision petition will consume time thus, sentence awarded to him may be suspended during pendency of the revision petition.
(2 of 2) [SOSR-10/2023]
Learned Public Prosecutor has opposed the application for suspension of sentence.
I have heard and considered the arguments advanced by the counsel for the parties and have gone through the material available on record.
Having considered the facts and circumstances and particularly the fact that the disposal of revision will consume time, therefore, this Court deems it fit and proper to allow the application for suspension of sentence filed by the petitionerapplicant.
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Additional Sessions Judge, Sri Karanpur, District Sri Ganganagar vide judgment dated 09.01.2023 in Criminal Case No.21/2022 against the petitionerapplicant Vinod Kumar S/o Jaimal Ram shall remain suspended till final disposal of the aforesaid revision and he shall be released on 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 17.02.2023 and whenever ordered to do so.
(VINOD KUMAR BHARWANI),J
133-Mamta/-
2 issues framed by the court
Whether the application for suspension of sentence during pendency of revision petition should be allowed.
Whether the bonds and conditions for release on bail while suspension is granted are appropriate.
1 provisions across 1 enactments
Vinod Kumar
State Of Rajasthan
Vinod Kumar Bharwani
As recorded by the court registry
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