Dismissed

Vedprakash Son of Late Shri Shivdayal v. State of Rajasthan

Rajasthan HC2 Apr 2024SOSA/548/2024

Case brief

AI extract

What is this about?

Hon'ble Justice Ashok Kumar Jain dismissed the second suspension of sentence application of Vedprakash in an NDPS case. The court held that despite the petitioner's age, the total custody term was less than 50%, and a second pending NDPS case made it an unfit case for bail. The matter was listed for regular roaster.

What did the court decide?

Second suspension of sentence application dismissed. Criminal appeal listed before regular roaster.

Vedprakash Son of Late Shri Shivdayal Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2024)

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[2024:RJ-JP:16167]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. Second Suspension Of Sentence Application No. 548/2024

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S.B. Criminal Appeal No.2117/2023

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Vedprakash Son Of Late Shri Shivdayal, Aged About 72 Years, Resident Of House No. 35, Sharma Nagar, Police Station Civil Line, Meerut (U.p) (At Present Confined In Central Jail Jaipur)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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----Respondent

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For Petitioner(s) : Mr. Shantnu Bansal For Respondent(s) : Mr. Chandergupt Chopra, PP

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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02/04/2024

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Instant second suspension of sentence application is preferred on behalf of applicant-Vedprakash in aforesaid S.B. Criminal Appeal admitted on 07.08.2023 filed against order of conviction and sentence dated 27.07.2023 in Sessions Case Number (NDPS Case) 4/2020 passed by learned Special Judge, NDPS, Jaipur Metropolitan-I.

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Learned counsel for appellant-petitioner submits that the age of present petitioner is more than 70 years and he is in custody since 27.07.2023. He also submits that during trial, the appellant remained in custody for more than two months. He also submitted that Hon’ble Court has dismissed the bail application only on the ground that other cases were registered against the petitioner. He

[2024:RJ-JP:16167]

[SOSA-548/2024]

(2 of 2)

also submitted that the trial Court has convicted present petitioner for a period of three years under Section 8/20 of NDPS Act, out of which he remained in custody for nearly 11 months.

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Aforesaid contentions were opposed by learned Public Prosecutor.

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Heard learned counsel for appellant-petitioner and learned Public Prosecutor. Perused the record.

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First suspension of sentence application of petitioner was dismissed on 23.08.2023. As per criminal antecedents two cases were registered against the petitioner, one of which was under Sections 8/18 and 8/20 NDPS Act. The age of petitioner is more than 70 years but the fact is that the petitioner has already faced the trial in another matter relating to NDPS Act. The total custody of present petitioner indicates that till now he remained in custody for less than one year, therefore, the term is less than 50%.

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Looking to second case of NDPS Act, I am of considered view that it is not a fit case to enlarge the petitioner on bail, therefore, instant second application for suspension of sentence is liable to be dismissed.

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As a result, the second suspension of sentence application of Vedprakash is hereby dismissed. Misc. application stands disposed of.

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List criminal appeal before regular roaster.

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(ASHOK KUMAR JAIN),J

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Arun/7

Vedprakash Son of Late Shri Shivdayal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Vedprakash Son of Late Shri Shivdayal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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