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DEVENDRA KACHHAWAHA
Durgesh Prajapat – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. Heard learned counsel for the appellant as well as learned Public Prosecutor.
Admit. Issue notice. Send for the record.
2. Learned Public Prosecutor accepts notices on behalf of the respondent - State of Rajasthan, therefore, notices need not be issued.
3. Record requisition may be given 'Dasti' to the learned counsel for the appellant.
4. Heard learned counsel for the appellant on the application seeking suspension of sentences (SoS Application No. 610/2021).
5. Learned counsel for the applicant-appellant stated that only 5 gram of Smack has been recovered from the accused-appellant which is below commercial quantity. Learned counsel also stated that as per para number 8 of the order passed by the co-ordinate Bench of this Court in the case of Rajkumar S/o Heera Lal Vs. State of Rajasthan (S.B. Criminal Misc. Bail Application No. 13423/2019, decided on 03.10.2019, if the recovered contraband is of small quantity, the offence is clearly bailable. Learned counsel stated that the applicant-appellant has wrongly been implicated in this case; that the applicant-appellant was on bail during the trial; and that the trial will take time. With all these submissions, learned counsel for
Possession of small quantities of contraband under the NDPS Act is bailable, allowing for suspension of sentences.
The court established that in cases involving possession of narcotics below commercial quantity, the suspension of sentence may be granted, especially when the accused has been compliant with bail co....
The court established that under Section 389 Cr.P.C., a suspension of sentence can be granted when the accused meets certain conditions, including the nature of the offense and the circumstances surr....
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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