CHENA RAM JAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant application for suspension of sentence has been moved on behalf of the applicant-appellant in the matter of judgment dtd. 9/1/2023 passed by the learned Special Judge, N.D.P.S. Act Cases, Bhilwara in Sessions Case No. 40/2019 whereby he was convicted and sentenced to suffer maximum rigorous imprisonment of 10 years under Sec. 8/25 of N.D.P.S. Act along with a fine of Rs.1,00,000.00 and in default of payment of fine further undergo six months rigorous imprisonment.

(2.) It is contended on behalf of the applicant-appellant 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. It is further submitted that hearing of the appeal is likely to take long time, therefore, the application for suspension of sentence may be granted. It is also submitted that the sentence of the co-accused Mahendra Rebari has already been suspended by this Court vide order dtd. 19/3/2024 passed in S.B. Criminal Misc. Suspension of Sentence Application (Appeal) No. 153/2023.

(3.) Per contra, learned Public Prosecutor has vehemently opposed the prayer made on behalf of the accused applicant-appellant for releasing him on application for suspension of sentence. He is not in a position to dispute the fact that sentence of the above named co-accused has already been suspended.