Pargat vs State
2021 Latest Caselaw 18632 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

...

S.B. Criminal Misc. Suspension Of Sentence Application (Appeal) No. 1133/2018

Pargat S/o Mahagaram Harijan, Aged about 37 years, Resident

of Bhattiya Wali Basti, Firozpur, Thana Kotwali Firozpur, District

Firozpur, Punjab.

(Presently in judicial custody at Central Jail, Udaipur)

----Petitioner Versus State of Rajasthan through PP

----Respondent Connected With S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 625/2020 Jarneil Singh S/o Sulakhan Harijan, Aged about 35 years,

Resident of Sodinagar, Thana Dhalkhurd, District Firozpur,

Punjab.

(Presently in judicial custody at Central Jail, Udaipur).

----Petitioner Versus State of Rajasthan through P.P.

----Respondent ...

S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 355/2021 Sukhvendra S/o Hasta Harijan, Aged about 36 years, Resident of

Sudhsinghwala, P.S. Kulgadi, District Ferojpur (Punjab).

(Presently lodged at Central Jail, Udaipur).

----Petitioner Versus State of Rajasthan through P.P.

                                                                ----Respondent


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For Petitioner(s)        :     Mr.   Mahipal Vishnoi on behalf of
                               Mr.   Mangi Lal Vishnoi.
                               Mr.   R.S. Gill.
                               Mr.   R.K. Charan.
For Respondent(s)        :     Mr. Mukhtiyar Khan, PP.

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

08/12/2021

Heard learned counsel for the appellants as well as learned

Public Prosecutor. Perused the material available on record.

Learned counsel for the appellants stated that the recovery

of the contraband in question was made on 24.08.2015; that the

appellants are behind the bars since the date of recovery, i.e.,

24.08.2015; that the respective sentences were passed by the

learned Trial Court concerned on 09.07.2018; that the appellants

have already undergone the sentence for a period of six & half

years; that Hon'ble the Apex Court has issued the guidelines in a

batch of criminal appeal led by Special Leave to Appeal (Crl.) No.

4633/2021 titled as "Saudan Singh Vs. The State of Uttar

Pradesh" in which, it has been held that, "We may note that

there may be even convicts in custody in cases other than

life sentence cases and in those cases again the broad

parameter of 50 per cent of the actual sentence undergone

can be the basis of grant of bail"; that thereafter, while

following the aforementioned judgment of Hon'ble the Supreme

Court, a coordinate Bench of this Court has suspended the

sentences of the accused in the case of Bhupendra Singh Vs.

State of Rajasthan [SoS (Appeal) No. 376/2020, decided on

22.11.2021); that in the present case, the samples were mixed by

(3 of 5) [SOSA-1133/2018]

the Seizure Officer and this fact was admitted by the concerned

Seizure Officer before the Court as PW-7 in his statement. Learned

counsel for the appellants pray that the sentences awarded to the

accused-appellant may be suspended during pendency of the

appeal.

Per contra, learned Public Prosecutor has vehemently and

fervently opposed the applications seeking suspension of the

sentences awarded to the each accused. Learned Public Prosecutor

stated that in the present case, samples were taken from each

bags and thereafter they were mixed by the Seizure Officer,

therefore, there is no violation and the principle of Netram's case

is not applicable. Learned Public Prosecutor further stated that in

the present case, total 3 kgs. of opium and 190 kgs. of poppy-

husk which is a commercial quantity, therefore, application

seeking suspension of respective sentences may not be allowed.

Having regard to the facts and circumstances of the case,

particularly to the facts that in the present case, sentences were

passed by the Trial Court concerned on 09.07.2018; that the

applicants-appellants are behind the bars since the date of

recovery, i.e.,24.08.2015, therefore, the applicant-appellants have

already undergone the sentence for a period of six & half years

which is above the ratio of 50% as held by Hon'ble the Supreme

Court in the above referred case; that the hearing of the

respective appeals will take sufficiently long time, therefore, it

appears appropriate that the applications seeking suspension of

sentences awarded by the learned Trial Court concerned deserves

to be allowed and the sentences awarded to each of the accused

deserves to be suspended.

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Accordingly, all the three applications for suspension of

sentences filed under Section 389 Cr.P.C. are allowed and it is

ordered that the sentences passed by the learned Special Judge,

NDPS Cases No. 2, Chittorgarh, vide judgment dated 09.07.2018

in Sessions Case No. 46/2017 (19/2016) against the applicants-

appellants, (1) Pargat S/o Mahagaram Harijan (SoS No.

1133/2018), (2) Jarneil Singh S/o Sulakhan Harijan (SoS No.

625/2020) and (3) Sukhvendra S/o Hasta Harijan (SoS No.

355/2021) shall remain suspended till final disposal of the

aforesaid appeals and they shall be released on bail, each of

them execute a personal bond in the sum of Rs.50,000/- with

two solvent and sound sureties of Rs.25,000/- each (one shall be

the resident of State of Rajasthan) to the satisfaction of the

learned Trial Judge for their appearance in this Court on

10.01.2022 and whenever ordered to do so till the disposal of

the appeal on the conditions indicated 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 to the trial Court.

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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.

(DEVENDRA KACHHAWAHA),J 98-99-100-Mohan/-

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