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2025 Supreme(RAJ) 259

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE MANOJ KUMAR GARG, J
Harji Ram – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
Mr. Abhishek Charan for Mr. R.K. Charan, Mr. Deepak Choudhary, GA cum AAG with Mr. Kuldeep Singh Kumpawat

Order :

Heard.

2. Admit. Issue Notice.

3. Learned AAG accepts notice on behalf of respondent - State.

4. Call for record.

5. Heard on application for suspension of sentence.

6. Upon a consideration of the arguments advanced by the appellant(s) and having regard to the facts and circumstances of the case including the fact that the appellant(s) were on bail during the trial and the recovered contraband is below commercial quantity and also taking into consideration the fact that hearing of the appeal is likely to take time, therefore, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellant(s).

7. Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C . [Section 430 BNSS] is allowed and it is ordered that the sentence passed by the learned Special Judge (Additional Sessions Judge No.1), NDPS Act Cases, Parbatsar, District Deedwana-Kuchaman vide judgment dated 27.02.2025 in Sessions Case No.53/2016 against the appellant-applicant(s) – 1. Harji Ram S/o Madhu Ram and 2. Rajendra S/o Mangi Lal shall remain suspended till final disposal of the appeal and he/ she/they shall be released on bail provided he/she

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