High CourtsSingle Bench

Rajesh Kumar @ Raju vs State of Punjab

Punjab And Haryana At Chandigarh · Decided on 18 April 2017 · Citation: (2017) 3 RCRCriminal 70

HON’BLE JUDGES
A.B. Chaudhari, J.
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 389 · Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) — Section 22
RESULT
Allowed
CASE NUMBER
CRM No. 23808 of 2016 in CRA-S No. 502-SB of 2016
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Judgment

3 paragraphs · 136 words

A.B. Chaudhari, J.—Heard learned counsel for the rival parties on the question of suspension of sentence in the pending appeal which already stands admitted.

2.

It is not in dispute that the applicant-appellant was sentenced rigorous imprisonment for a period of 10 years plus fine. It is also not in dispute that out of the total sentence of 10 years, he has already undergone more than 4 years of actual sentence.

3.

In that view of the matter, in the light of decision in Daler Singh v. State of Punjab, 2007 (1) RCR (Criminal) 316, prayer for suspension of sentence is allowed. Accordingly, application is allowed. Sentence under judgment and order is suspended during the pendency of the appeal. Applicant-appellant be released on bail subject to the satisfaction of the learned Chief Judicial Magistrate/Duty Magistrate concerned.