HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. 3rd Suspension Of Sentence Application (Appeal) No. 530/2020 Krishan Singh S/o Shri Anand Singh, Aged About 27 Years, B/c Rajput, R/o Khirod, P.s. Navalgarh, District Jhunjhunu, Raj. (At Present Lodged In District Jail, Bhilwara)
----Petitioner Versus State, Through Pp
----Respondent For Petitioner(s) : Mr. Kailash Khilery & Mr. Naresh Vishnoi For Respondent(s) : Mr. Gaurav Singh, PP HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order 01/10/2021 Heard learned counsel for the appellant-applicant as well as learned Public Prosecutor, on application for suspension of sentences.
By the instant application preferred under Section 389 Cr.P.C., applicant-appellant has craved for suspending the sentences handed down by learned Special Judge, NDPS Cases, Bhilwara (for short, 'learned trial Court'), by its judgment dated 05.10.2017 in Sessions Case No.35/2016. Learned trial Court, by the aforesaid judgment, convicted the applicant-appellant for offence under Section 8/15 of the NDPS Act.
Arguing on the application for suspension of sentences, it is submitted by learned counsel for the applicant-appellant that the accused appellant was convicted for the offence punishable under (Downloaded on 05/10/2021 at 08:29:59 PM) (2 of 3) [SOSA-530/2020] Setion 8/15 of the NDPS Act by the learned Special Judge, Bhilwara vide judgment dated 05.10.2017. The accused appellant is behind the bars for more than five and half years, he has been convicted for the period of 10 years R.I. and a fine of Rs.1,00,000/- was also imposed. Learned counsel further submits that more that half of the sentence he has already been undergone and the accused appellant is ready to pay half of the penalty amount before the learned trial Court. Learned counsel for the appellant further submits that hearing of the appeal will take time and there are good chances of success of the appeal. Therefore, the application for Suspension of Sentence may kindly be allowed.
Per contra learned Public Prosecutor has opposed the application for suspension of sentences and stated that 82 kgs of poppy straw has been recovered in the present case, which is the commerical quantity but not controverted the fact that hearing of the appeal may take time.
Having regard the facts and circumstances of the case and particularly the fact that the accused appeallant is behind the bars for more than five and half years, which is half of the sentenced period and the accused appellant is also ready to deposit 50% of the penalty amount, which is Rs.50,000/- before the learned trial Court, therefore, I feel inclined to accept this application for suspension of sentence.
Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by learned Special Judge, NDPS Cases, Bhilwara, vide judgment dated 05.10.2017 in Sessions Case No.35/2016 against appellant-applicant - Krishan Singh S/o (Downloaded on 05/10/2021 at 08:29:59 PM) (3 of 3) [SOSA-530/2020] Shri Anand Singh shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes a personal bond in the sum of Rs.2,00,000/- each with two sound and solvent sureties of Rs.1,00,000/-each (one surety should be of a close or blood relative of the accused petitioner) to the satisfaction of the learned trial Judge for his appearance in this Court on 08.11.2021 and whenever ordered to do so till disposal of the appeal, on the conditions indicated below:-
1. That he will appear before the trial Court in the month of January every year till the appeal is decided.
2. That if the applicant change the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.
3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.
The learned trial Court shall keep the record of attendance of accused-applicants in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- applicant was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purposes relating to pendency and disposal of cases in the trial court. In case the said accused applicant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(DEVENDRA KACHHAWAHA),J 276-Arvind/-
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