DEVENDRA KACHHAWAHA
Mohd. Hussain – Appellant
Versus
State of Rajasthan – Respondent
ORDER
1. Heard learned counsel for the appellant as well as learned Public Prosecutor. Perused the material available on record.
2. Admit. Issue notice.
3. Learned Public Prosecutor accepts notices on behalf of the respondent - State of Rajasthan. Hence, notices need not be issued.
4. Send for the record.
5. Heard learned counsel for the parties on the application seeking suspension of sentences (SoSA No. 885/2021).
6. Learned counsel for the appellant stated that the accused-appellant was convicted for the offence punishable under Section8/21 of the NDPS Act for a period of one year rigorous imprisonment with a fine of Rs. 10,000/-, in default of payment of fine to undergo additional one month imprisonment; that as per the prosecution, in the present case, total 05.30 grams brown sugar with the polythene bag was recovered from the accused-appellant which is below commercial quantity; that as per paragraph number 18 of the impugned judgment, during trial of the case, the accused-appellant was on bail; that hearing of the appeal will take time, therefore, it has been prayed that the application seeking suspension of sentences may kindly be allowed and the appellant-applicant be enlarged o
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 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....
Possession of small quantities of contraband under the NDPS Act is bailable, allowing for suspension of sentences.
The court established that possession of drugs below commercial quantity, along with other mitigating factors, can justify the suspension of sentences.
The court established that suspension of sentence can be granted when the accused meets specific conditions, including prior bail status and the nature of the offences.
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.
The court may suspend a sentence if the accused demonstrates that the contraband is below commercial quantity and was on bail during trial.
The court established that a convicted individual may have their sentence suspended if they were previously on bail and the trial process is prolonged.
The court may suspend a sentence if the accused are on bail and the appeal process is expected to take a significant amount of time.
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