Application for interim suspension of sentence under the NDPS Act allowed for a family function. The applicant was granted interim bail for seven days subject to furnishing personal bond and sureties.
Interim bail for seven days with condition to surrender by 21.03.2024 and furnish bond of Rs. 2,00,000 with two sureties of Rs. 1,00,000 each.
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[2024:RJ-JD:12424]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 367/2024
Dal Chand S/o Bhagwan Lal Mali, Aged About 33 Years, R/o Gadriyawas Ps Mandal, Dist Bhilwara, Raj. (Lodged In Central Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. R.K. Charan For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
15/03/2024
The instant interim suspension of sentence application has been filed by the applicant with a prayer to release him on interim bail for a period of ten days on the ground of family function, which is scheduled to be held on 18.03.2024.
Counsel for the appellant submits that there is some family function which is scheduled to be held on 18.03.2024 and for performing the rituals in the function, the presence of the appellant is very much essential. Therefore, it is prayed in the application that the appellant may be released on interim bail for a period of ten days.
Learned Public Prosecutor verified the fact of function in the family of the appellant but has opposed the prayer made by the counsel for the appellant.
[2024:RJ-JD:12424]
[SOSA-367/2024]
(2 of 2)
Having regard to the overall facts and circumstances of the case particularly, keeping in view the fact that the function in the family of appellant is scheduled to be held on 18.03.2024 and the presence of the appellant is very much essential for performing the ritual, therefore, this application for interim suspension of sentence is allowed and it is directed that sentence of the appellant awarded by the learned Special Judge, NDPS Act Cases No.2, Chittorgarh, in Sessions Case No.54/2017 (33/2016) vide judgment dated 22.02.2022 shall remain suspended temporarily and the appellant Dal Chand S/o Bhagwan Lal Mali, shall be released on interim bail for a period of seven days from today, provided he furnishes a personal bond in a sum of Rs.2,00,000/with two sound and solvent sureties in the sum of Rs.1,00,000/each to the satisfaction of learned trial court for his surrender on completion of seven days’ period i.e. on 21.03.2024. One surety should be furnished by a close relative of appellant.
Let this interim application for suspension of sentence be again listed on 27.03.2024 and on that date, learned Public Prosecutor and learned counsel for the appellant shall be required to submit the compliance of this order.
(MANOJ KUMAR GARG),J
1-Ishan/-
1 issue framed by the court
Whether the applicant should be released on interim bail for a family function pending determination of the suspension of sentence application?
1 provisions across 1 enactments
Dal Chand
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
