STATE OF GUJARAT Vs. KAMESHVARSING BEJNATHSINH RAJPUT & 1
LAWS(GJH)-2016-2-314
HIGH COURT OF GUJARAT
Decided on February 05,2016

STATE OF GUJARAT Appellant
VERSUS
Kameshvarsing Bejnathsinh Rajput And 1 Respondents

JUDGEMENT

- (1.) Criminal Appeal No.1401 Of 2009 Is Preferred by the State of Gujarat for enhancement of the sentence against the original accused Nos.1 and 2, who have been convicted and sentenced by the learned Additional Sessions Judge, Court No.19, City Civil Court, Ahmedabad on 20/03/2009 in Sessions Case No.107 of 2007 for the offence punishable under Sections 8(c) and Section 20(b) of the Narcotic Drugs and Pshychotropic Substances Act, 1985 ( for short NDPS Act) read with Section 20(ii)(b) of the Act and ordered to undergo sentence of rigorous imprisonment of six and half years and additional sentence of two months rigorous imprisonment in default of fine of Rs.50,000/. 1.1 It is required to be noted that earlier vide oral judgment dated 30/01/2013 delivered by this Hon'ble Court in Criminal Appeal No.1401 of 2009, the appeal for enhancement qua the respondent No.2 stands dismissed. Paragraph No.4 thereof reads thus: "4. In above view of the matter, for the reasons stated in Criminal Appeal No.1752 of 2009, this Criminal Appeal qua second respondent Sanjay Dhaneshwar Yadav for enhancement of the sentence is required to be dismissed. Accordingly, this appeal qua second respondent Sanjay Dhaneshwar Yadav stand dismissed. Bail bond and surety, if any, executed by the second respondent, shall also stand discharged."
(2.) Learned Advocate Mr.Ekant G Ahua, Appearing for respondent No.1 has submitted that Criminal Appeal No.2500 of 2009 preferred by the respondent No.1 herein against the order of conviction and sentence came to be dismissed by this Hon'ble Court vide oral order dated 30/06/2014 since the respondent No.1 has already undergone the sentence of six years and eight months. Paragraph No.2 of the said order reads as under: "2. From the jail report, it transpires that the appellant has not paid the fine of Rs.50,000/ and has already undergone the sentence of six years and eight months. In that view of the matter, this appeal has become academic and hence the same is dismissed. The papers to be kept along with the enhancement appeals."
(3.) In above view of the matter and for the reasons stated in Criminal Appeal No.2500 of 2009, Criminal Appeal No.1401 of 2009 qua respondent No.1 Kameshvarsing Bejnathsinh Rajput for enhancement of the sentence is required to be dismissed. Accordingly, CR.A No.1401 of 2009 qua respondent No.1Kameshvarsing Bejnathsinh Rajput stand dismissed. Bail bond and surety, if any, executed by the second respondent, shall also stand discharged.;


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