DINESH @ BABLOO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A third application for suspension of sentence has been moved ostensibly on the ground that the appellant's wife, Smt. Seema Sharma is physically challenged, and is suffering from T.B., and has been referred to the District Hospital, Bhind (M.P.) for further treatment. Secondly, the appellant and his wife have a small child who needs to be look after. However, the mother cannot look after the welfare of the child. Thirdly, that the appellant has already completed six and a half years of his sentence out of a total sentence of ten years.

(2.) On the other hand, the learned Public Prosecutor has contended that the appellant has been convicted for the offence under Section 8/21 of NDPS Act. He is sentenced to ten years of rigorous imprisonment. Moreover, he happens to be resident of Etawha (UP). In case, he were to be released on bail, the likelihood of his coming back is very thin. Moreover, merely because the wife is ill and child is to be looked after, this possibly cannot be a ground for granting bail to a person, who is convicted under the NDPS Act. Lastly, that in case, there is an emergency in the family, the appellant is free to move his application for emergent parole under the Rajasthan (Prisoners Released on Parole) Rules, 1958. Thus, the learned Public Prosecutor has vehemently opposed the grant of bail.

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