Allowed

Sona Ram @ Bablu v. State of Rajasthan

Rajasthan HC17 May 2024SOSA/221/2024

Case brief

AI extract

What is this about?

In this suspension of sentence application, the High Court allowed the appellant's plea. The court granted suspension of the substantive sentence under Section 389 CrPC and released the accused on bail contingent upon depositing 50% of the fine and obtaining a security bond.

What did the court decide?

Substantive sentence suspended; appellant released on bail subject to deposit of 50% of fine and security of Rs. 2,00,000.

Sona Ram @ Bablu Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JD:22465]

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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. 221/2024

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Sona Ram @ Bablu S/o Amar Singh, Aged About 25 Years, R/o Ward No 6 Sahjipura Police Station Sadar Hanumangarh Dist Hanumangarh (Central Jail Bikaner)

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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. Jaamvant Gurjar For Respondent(s) : Mr. Anil Joshi, GA-cum-AAG assisted by Mr. Rajat Chhaparwal

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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17/05/2024

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Heard learned counsel for the appellant as well as learned Public Prosecutor and perused the material available on record.

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Learned counsel for the appellant submits that according to the FSL report, weight of recovered alleged tramadol tablets is 161.6 gms. & parvorin spas capsule is 74.9 gms. The total weight of both the strips is 236.5 gms. Counsel further submits that after FSL, the recovered contraband is below commercial quantity and the appellant was on bail during the trial.

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Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case, this Court is of the opinion that it is a fit case for suspending the substantive sentences awarded to the accused appellant.

[2024:RJ-JD:22465]

[SOSA-221/2024]

(2 of 3)

Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the learned Special Judge NDPS Act Cases, Hanumangarh, vide judgment dated 19.01.2024 in Sessions Case No.50/2020 against the appellant-applicant Sona Ram @ Bablu S/o Amar Singh, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail subject to deposit the 50% of fine amount as imposed by the learned trial Court, provided he executes a personal bond in the sum of Rs.2,00,000/with two sureties of Rs.1,00,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 25.07.2024 and whenever ordered to do so till the disposal of the appeal on the

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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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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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Petitioner shall deposit the 50% of fine amount as imposed by the learned trial Court.

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The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accusedapplicant(s) was/were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused applicant(s) does not appear before the trial court, the learned trial

[2024:RJ-JD:22465]

[SOSA-221/2024]

(3 of 3)

Judge shall report the matter to the High Court for cancellation of bail.

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(MANOJ KUMAR GARG),J

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147- Arjun /-

Sona Ram @ Bablu v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sona Ram @ Bablu v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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