Rajasthan High Court - Jodhpur
Gurjant Singh @ Janta vs State Of Rajasthan on 4 August, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. II Suspension Of Sentence Application
(Appeal) No. 719/2019
Gurjant Singh @ Janta S/o Sh. Mukand Singh, Aged About 35
Years, B/c Majahabi Sikh , R/o Village Bhadarkhera , P.s. Sadar ,
Abohar , Distt. Fazilka (Punjab) (At Present Lodged At Central
Jail, Churu)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Himmat Jagga
For Respondent(s) : Mr. S.K. Bhati, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
04/08/2021
Heard learned counsel for the parties and perused
the impugned judgment.
Learned counsel for the appellant has submitted that
the Special Judge (NDPS Cases) & Addl. Sessions Judge,
Ratangarh, Distt. Churu vide judgment dated 24.6.2017
has convicted the appellant for the offence punishable
under Section 8/15 of the NDPS Act and sentenced him
for ten years' rigorous imprisonment along with a fine of
Rs.1,00,000/-. Learned counsel for the appellant has
further submitted that the appellant was arrested on
(2 of 3)
5.2.2012 and since then he is in custody, as such, he has
already undergone 9½ years of his sentence out of ten
years. It is also submitted that since there is no
possibility of hearing of the appeal in near future, the
sentence of the appellant may be suspended.
Per contra, learned Public Prosecutor has opposed
the application for suspension of sentence.
Having considered the overall facts and
circumstances of the case and keeping in view the fact
that the appellant has already undergone 9½ years of
sentence out of ten years, this Court is inclined to
suspend the sentence awarded to the appellant.
Accordingly, this second application for suspension of
sentence is allowed and it is directed that the sentence
awarded to appellant - Gurjant Singh @ Janta S/o Sh.
Mukand Singh by the Special Judge (NDPS Cases) & Addl.
Sessions Judge, Ratangarh, Distt. Churu vide judgment
dated 24.6.2017 (Sessions Case No.1/2012) shall remain
suspended till final disposal of the appeal provided
he/she/they execute(s) a personal bond in the sum of
Rs.50,000/- along with two sound and solvent sureties in
the sum of Rs.25,000/- each to the satisfaction of the
trial court for his/her/their appearance before this Court
(3 of 3)
on 20.9.2021 and whenever called upon to do so till the
disposal of the appeal on the conditions inidcated below:-
(1) That he/she/they will appear before the trial
court in the month of January of every year till the
appeal is decided.
(2) That if the applicant(s) changes the place of
residence, he/she/they will give in writing
his/her/their 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(s) to the trial court.
The learned trial court shall keep the record of
attendance of the accused-applicant(s) in a separate file.
Such file be registered as Criminal Misc. Case related to
original case in which the accused-applicant(s) was/were
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 purpose
relating to pendency and disposal of cases in the trial
court. In case the said accused-applicant(s) does not
appear before the trial court, the learned trial Judge shall
report the matter to the High Court for cancellation of
bail.
(VIJAY BISHNOI),J
ms rathore
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