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VINOD KUMAR BHARWANI
Jethmal – Appellant
Versus
State – Respondent
JUDGMENT
Vinod Kumar Bharwani, J. - The instant application for suspension of sentence under Section 389 CrPC has been preferred on behalf of the appellant-applicant Jethmal S/o Dami Chand, who has been convicted and sentenced for the offence under Section 8/15 (C) of the NDPS act vide the judgment dated 20.08.2019 passed by the learned Special Judge, NDPS Cases, Pali in Sessions Case No.140/2016 (01/2020).
2. Heard learned counsel for the parties and perused the material available on record.
3. as per the prosecution case, the appellant was apprehended with 14 gunny bags containing contraband poppy straw weighing 290 Kgs when the search was conducted by the SHO PS Sadar, District Pali. Learned counsel submits that no other case under the NDPS act has been registered against the accused-appellant. He further submits that the appellant has served actual sentence of five years six months whereafter this application for SOS has been moved.
4. Learned Public Prosecutor was instructed to place on record the antecedent report of the appellant. as per the report received from the SHO Police Station Sadar, District Pali no case other than the present one has been registered against the appella
The main legal point established in the judgment is the consideration of prolonged custody and the likelihood of serving out the sentences awarded by the trial court in granting bail and suspending t....
The court applied Section 389 Cr.P.C. to suspend the sentences of the appellant-applicant during the pendency of the appeal, considering the provisions of the NDPS Act and the overall facts and circu....
The court has the discretion to suspend the substantive sentence under Section 389 Cr.P.C. until the final disposal of the appeal, based on the circumstances of the case.
The main legal point established in the judgment is the court's authority to suspend sentences under Section 389 Cr.P.C. when the appellant has strong grounds for assailing the impugned judgment and ....
Sentence can be suspended and bail granted to accused where hearing of appeal is likely to take further more time.
The court established that under Section 389 Cr.P.C., a convicted individual may be granted bail pending appeal if the circumstances, including the nature of the offense and prior convictions, suppor....
The court has the discretion to suspend sentences and grant bail during the pendency of an appeal, considering the facts and circumstances of the case.
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