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2025 Supreme(RAJ) 262

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


Advocates:
Mr. Vijay Kumar Gaur, Mr. Deepak Choudhary, GA cum AAG with Mr. Kuldeep Singh Kumpawat

Order :

1. Heard.

2. Admit. Issue Notice.

3. Learned Public Prosecutor accepts notice on behalf of respondent - State.

4. Call for record.

5. Heard on application for suspension of sentence.

6. Learned counsel for the appellant(s) submits that sentence of similar situated co-accused Badiya and Babu has already been suspended by this Court and they have already been enlarged on bail. Counsel further submits that the case of the present appellant(s) is not distinguishable from that of the co-accused persons and hearing of the appeal is likely to take time, therefore, it is prayed that sentence awarded to the accused appellant(s) may kindly be suspended.

7. 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 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).

8. 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, NDPS Act Cases, District P

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