PAPPU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant application for suspension of sentence under Sec. 389 CrPC has been preferred on behalf of the appellantapplicant Pappu S/o Sh. Bhuwan, who has been convicted and sentenced for the offences under Ss. 8/18 of the NDPS Act and Sec. 3/25 of the Arms Act vide the judgment dtd. 10/12/2021 passed by the learned Special Judge, NDPS Cases, Pratapgrah in Special Sessions Case No.22/2015. Heard learned counsel for the parties and perused the material available on record.

(2.) As per the prosecution case, the appellant was apprehended with contraband opium weighing 1 kg 500 gms when the search was conducted by the SHO PS Hathuniya, District Bhilwara, which is below commercial quantity. He further submits the provisions of Sec. 37 of the NDPS Act are not applicable in the instant case. He further submits that the appellant was bail during trial and he never misused the liberty so granted to him therefore, sentence awarded to him may be suspended during pendency of the appeal. In this background and having regard to the overall facts and circumstances of the case, this Court is of the opinion that this is a fit case to enlarge the appellant-applicant on bail by suspending his sentences during the pendency of the appeal. Thus, the restrictions contained in Sec. 37 of the NDPS Act do not operate against the petitioner.

(3.) Accordingly, the instant application for suspension of sentences filed under Sec. 389 Cr.P.C. is allowed and it is ordered that the sentences passed by learned Special Judge, NDPS Cases, Pratapgrah vide judgment dtd. 10/12/2021 in Special Sessions Case No.22/2015 against the appellant-applicant Pappu S/o Sh. Bhuwan shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail subject to the condition that he shall furnish personal bond in the sum of Rs.1,00,000.00 with two sureties of Rs.50,000.00 each to the satisfaction of the learned trial Judge for his appearance in this court on 1/3/2022 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-