Rajasthan High Court - Jodhpur
Jangir Singh vs State on 5 February, 2021
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Application for Suspension Of Sentence No.
812/2020
in
S.B. Criminal Appeal No.974/2020
Jangir Singh S/o Shri Atma Singh, Aged About 40 Years, r/o
Ward No. 02, Nai Khunja, Hanumangarh Junction Tehsil And
District Hanumangarh. (At Present Lodged In District Jail
Hanumangarh).
----Petitioner
Versus
State, Through P.p.
----Respondent
For Petitioner(s) : Mr. C.S. Kotwani
For Respondent(s) : Mr. Vikram Sharma PP for the State.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
05/02/2021
In wake of onslaught of COVID-19, abundant caution is being
taken while hearing the matters in Court.
This Court heard learned counsel for the parties as well as
perused the material available on record.
Learned counsel for the applicant-appellant has drawn the
attention of this Court towards Exhibit-23, which is a license of the
applicant-appellant's pharmacy shop, namely, Shubham Medicose,
which was in existence from 15.09.2007 to 14.09.2012. Learned
counsel thereafter has drawn the attention of this Court towards
the license having been renewed vide Exhibit-25 from 15.09.2012
to 14.09.2017.
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Learned counsel for the applicant-appellant has further
drawn the attention of this Court towards Exhibit-22, whereby the
license was temporarily withdrawn on account of Tramadol and
Schedule-H1 Drugs.
Learned counsel for the applicant-appellant also submits that
the applicant-appellant was a credible pharmacist and only a small
quantity of the cough syrup and tablets containing the NDPS
contraband, which were lying, were confiscated.
Learned counsel for the applicant-appellant further submits
that the date of incident is 15.05.2017, when actually the
applicant-appellant was having a valid license to run the medical
shop, and thus, it is not at all a case where the applicant-appellant
was operating the medical shop without a valid license. Learned
counsel further submits that the applicant-appellant was on bail
during trial, as the bail was granted to him vide order dated
09.06.2017 passed by a coordinate Bench of this Court in S.B.
Criminal Misc. Bail Application No.5054/2017.
Learned Public Prosecutor has opposed the application.
Having considered the totality of facts and circumstances of
the case and looking into the fact that the applicant-appellant was
on bail during trial, this Court considers it just and proper to
suspend the substantive sentence awarded to the accused
applicant-appellant.
Accordingly, the present suspension of sentence application
filed under Sec.389 Cr.P.C. is allowed and it is ordered that the
substantive sentence passed by the trial court vide judgment
dated 03.11.2020 in Sessions Case No.10/2018 against applicant-
appellant Jangir Singh S/o Shri Atma Singh shall remain
suspended till final disposal of the aforesaid appeal, provided he
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executes a personal bond in the sum of Rs.50,000/- with two
sureties of Rs.25,000/- each to the satisfaction of the learned trial
Judge for his appearance in this court on 09.03.2021 and
whenever ordered to do so, till the disposal of the appeal on the
conditions indicated below:-
1. That he will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the appellant 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,
they will give in writing their changed address to
the trial Court.
The learned trial Court shall keep the record of attendance of
the accused-appellant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
appellant 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 purpose relating to
pendency and disposal of cases in the trial court. In case the said
accused-appellant does not appear before the trial court, the
learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(DR.PUSHPENDRA SINGH BHATI),J.
56-SKant/-
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