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2021 DIGILAW 2156 (RAJ)

Babu Lal v. Union of India

2021-11-17

MANOJ KUMAR VYAS

body2021
JUDGMENT Heard on application for suspension of sentence. The appellant has filed the appeal along with application for suspension of sentence. The appeal has been preferred against the judgment of conviction and sentence dated 17.08.2021 passed by the Court of Additional District & Session Judge (N.D.P.S. Cases), Aklera, District-Jhalawar (Raj.) in Session Case No.59/2016, by which the appellant has been convicted for offences under Sections 8/19 and 8/26 of N.D.P.S. Act and sentenced to maximum term of ten years. It has been submitted by learned counsel for the appellant that the appellant has been falsely implicated in this case. As per certificate under Rule 311(3) of the Rajasthan High Court Rules, the appellant was on bail during trial. Now, he is in custody since 17.08.2021. It has further been submitted that there are no criminal antecedents of the appellant. The appellant was a cultivator. The allegation against the appellant is of supplying adulterated opium to the department. There are several infirmities and contradictions in the prosecution evidence. Hearing of the appeal may take long time. Heard learned counsel for the parties and scanned the evidence available on record carefully. Learned Public Prosecutor has opposed the application for suspension of sentence. Taking into consideration the submissions of learned counsel for the appellant, evidence available on record and overall facts and circumstances of the case but without commenting upon detailed merits of the case, this Court deems just and proper to allow the application for suspension of sentence. Accordingly, the application for suspension of sentence is allowed and it is ordered that the sentence awarded to accused- appellant Babu Lal S/o Bhanwar Lal Meena shall remain suspended till disposal of this criminal appeal and he shall be released on bail, provided the appellant furnishes a personal bond of Rs.1,00,000/-(One Lakh) and two sureties of Rs.50,000/- (Fifty Thousand) each to the satisfaction of the learned trial court for his appearance in this Court on 17th December, 2021 and as and when called upon to do so.