RAJENDRA PARSHAD SIRVI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dtd. 25/8/2023 passed by learned Additional Sessions Judge, No.1, Sriganganagar in Special Sessions Case No.43/2016 whereby he was convicted and sentenced to suffer maximum punishment of five years rigorous imprisonment along with compensation fine of Rs.10,000.00under Sec. 8/21 of the NDPS Act.

(2.) It is contended that the learned trial Judge has not appreciated the correct, legal and factual aspects of the matter and thus, reached at an erroneous conclusion of guilt, therefore, the same is required to be appreciated again by this Court being the first appellate Court. Hearing of the appeal is likely to take long time, therefore, the application for suspension of sentence may be granted.

(3.) Per contra, learned Public Prosecutor has vehemently opposed the prayer made by learned counsel for the accused-applicant for releasing the appellant on application for suspension of sentence.