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2022 Supreme(Raj) 1690

VIJAY BISHNOI
Amandeep Singh @ Mota – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
M.L. Bishnoi, Advocate, Mohd. Javed Gauri, Advocate

JUDGMENT

Vijay Bishnoi, J. - Heard learned counsel for the parties on suspension of sentence application.

2. Learned counsel for the applicant-appellant has submitted that the applicant-appellant was convicted for the offences punishable under NDPS act and sentenced for 10 years of rigorous imprisonment vide impugned judgment. It is submitted that out of total sentence, the applicant-appellant has already undergone 41/2 yeas of sentence. It is also submitted that there is no possibility of hearing of the appeal in near future.

3. Having considered the totality of facts and circumstances of the case, taking into consideration the custody period of the accused applicant-appellant and in view of the fact that the hearing of the appeal will take time, I consider it just and proper to suspend the substantive sentence awarded to the accused applicant-appellant.

4. accordingly, this suspension of sentence application filed under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the trial court vide judgment dated 31.07.2019 in Sessions Case No.9/2018 against applicant-appellant - amandeep Singh @ Mota S/o Kaku shall remain suspended till final disposal of th

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