Gurjindra Singh vs State Of Rajasthan
2021 Latest Caselaw 19435 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 571/2021 In S.B. Criminal Appeal No.857/2021 Gurjindra Singh S/o Sukhdev Singh, Aged About 38 Years, R/o Police Station Batala, Dist. Gurdaspur, Presently Head Constable Army, Shahjahapura, Uttar Pradesh.

(Presently Lodged At Central Jail, Sri Ganganagar)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. M.L. Bishnoi For Respondent(s) : Mr. Mukhtiyaar Khan, P.P.

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Order

20/12/2021

Heard learned counsel for the appellant as well as learned

Public Prosecutor on application for suspension of sentence.

By the instant application under Section 389 Cr.P.C.,

applicant-appellant has craved for suspending the sentence

handed down by Special Judge, NDPS Cases, Sri Ganganagar (for

short, 'learned trial Court'), by its verdict dated 12.08.2021.

Learned trial Court, by the aforesaid verdict, punished the

applicant-appellant under Section 8/21 of the NDPS Act and

handed down sentence of ten years' imprisonment with fine of

Rs.1,00,000/-and in default of payment of fine to further undergo

sentence for one year's simple imprisonment.

It is submitted by learned counsel that in the present case,

(2 of 3) [SOSA-571/2021]

as per prosecution, 48 bottles of Onerex Cough Syrup have been

recovered in the present case; that in identical cases (S.B.

Criminal Misc. SOS No.797/2019 along with one connected

matter), benefit of bail (SOS) have been granted by this Court

vide order dated 15.12.2021 and benefit of bail has been granted

by co-ordinate Bench of this Court in S.B. Criminal Misc. III Bail

Application No.15894/2021 (Sahil Sethi Vs. State of Rajasthan)

vide order dated 16.12.2021 as well as the judgment passed by

Hon'ble Apex Court in S.B. Criminal Misc. Second Bail Application

No.9028/2018 on 04.07.2019; hearing of the appeal will take long

time, therefore, accused-appellant is also entitled for benefit of

bail (SOS).

Learned Public Prosecutor does not wish to file reply to the

application for suspension of sentence but has vehemently

opposed the application for suspension of sentence.

Having regard to the facts and circumstances of the case and

since in identical cases, the benefit of bails have been granted to

the accused-appellants as mentioned above, 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 Special Judge, NDPS Cases, Sri Ganganagar,

vide judgment dated 12.08.2021, in Sessions Case No.34/2019

against appellant-applicant, Gurjindra Singh S/o Sukhdev 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.1,00,000/- with two sureties of Rs.50,000/-

(3 of 3) [SOSA-571/2021]

each to the satisfaction of the learned trial Judge for his

appearance in this Court on 21.01.2022 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 changes 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-applicant 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 79-Bharti/-

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