RADHEY SHYAM @ PAPPU SUKHWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as learned Public Prosecutor on application for suspension of sentence.

(2.) By the instant application under Sec. 389 Cr.P.C., applicant-appellant has craved for suspending the sentence handed down by Special Judge, NDPS Cases No.1, Chittorgarh (Rajasthan) (for short, 'learned trial Court'), by its verdict dtd. 24/10/2017. Learned trial Court, by the aforesaid verdict, convicted the applicant-appellant for offence under Sec. 8 / 15(b) of the NDPS Act, 1985 and handed down sentence of seven years' rigorous imprisonment with fine of Rs.75,000.00 and in default of payment of fine to further undergo one year's rigorous imprisonment.

(3.) It is submitted by learned counsel that applicant-appellant has served four years sentence out of total sentence of seven years and the sentence handed down to co-accused Jagdish Chand Jat has already been suspended by a Coordinate Bench vide order dtd. 20/12/2017. It is also argued by learned counsel that final decision of the appeal is likely to take considerable time and therefore it would not be appropriate to keep the applicant- appellant under further incarceration. Learned counsel has also submitted that there are very bleak or rather remotest chances of applicant-appellant fleeing from justice and he is also ready to furnish requisite bail bonds.