DALI BAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This second application for suspension of sentence under Sec. 389 Cr. RC. has been filed on behalf of applicant-Appellant Smt. Dali Bai whose first application was rejected by the co-ordinate bench of this Court vide order dated 3/3/2005. it is inter-alia contended that the contraband Smack allegedly recovered from the possession of the applicant - Appellant is 11.50 mgm. and not 11 gm. & 500 mgs. as has been mentioned in the impugned-judgment and her first application for suspension of sentence has presumably been dismissed on this ground alone. Learned counsel has submitted that it is amply evident from the record that the quantity of contraband Smack alleged to have been recovered from the possession of the applicant - Appellant is wrongly written as 11 gm. and 800 mgm. He has also taken me through the statements of the I.O. who has also clearly admitted this fact.

(2.) Learned PP also could not dispute these facts and has rather fairly conceded that the quantity of contraband Smack allegedly recovered from the possession of the applicant - Appellant is less than the prescribed small quantity.

(3.) Thus, without making any further observation on the merits of this case at this stage, but having regard to the submissions made at the bar and all other facts and circumstances of the case, I deem it just and proper to suspend the sentence imposed upon the applicant-Appellant.