Rajasthan High Court - Jodhpur
Surendra Singh vs Union Of India on 1 March, 2021
Bench: Sandeep Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc II Suspension Of Sentence Application
(Appeal) No. 702/2020
Surendra Singh S/o Shri Chand Singh, Aged About 26 Years, By
Caste Bhati, R/o Village Basedi Bhati, Tehsil And Police Station
Javad, District Neemach (Mp). (Lodged In District Jail Bhilwara).
----Petitioner
Versus
Union Of India, Through P.p.
----Respondent
For Petitioner(s) : Mr. Vijay Raj Bishnoi
For Respondent(s) : Mr. N.K. Rai, Special Public Prosecutor
HON'BLE MR. JUSTICE SANDEEP MEHTA
Order
01/03/2021
The instant second application for suspension of
sentence under Section 389 CrPC is preferred on behalf of the
appellant-applicant Surendra Singh S/o Chand Singh, who has
been convicted and sentenced for the offence under Section 8/18
of the NDPS Act vide the judgment dated 23.12.2016 passed by
learned Special Judge, NDPS Act Cases, Bhilwara in Sessions Case
No.2/2016.
The appellant was apprehended on 07.08.2015 in a
Hyundai Verna vehicle bearing Registration No.MH-04-CZ-1625,
wherein 3 kg. of opium was concealed in a cavity inside the
backlight thereof.
Learned Special Public Prosecutor was granted repeated
opportunities to place on record the criminal antecedent report of
the appellant, but till date he has not been able to do so.
(2 of 3) [SOSA-702/2020]
Learned counsel Mr. Vijay Raj Bishnoi, representing the
appellant-applicant, makes a statement at bar that the appellant
has no criminal case registered against him other than the present
one. He submits that the appellant is ready to deposit the fine
amount, if his substantive sentence is suspended by this court.
As per the custody certificate received from the Central
Jail, Ajmer, the appellant has undergone the actual custody of five
years and five months. Considering the situation prevailing
presently, the timely disposal of the appellant's appeal is not
possible
In this view of the matter and keeping in view the
observations made by the Hon'ble Supreme Court in the case of
Thana Singh Vs. Central Bureau of Narcotics reported in
(2013) 2 SCC 590, the conditions imposed by Section 32-A and
37 of the NDPS Act are satisfied. Thus, the substantive sentence
awarded to the accused appellant deserves to be suspended
during pendency of this appeal, subject to the condition that the
accused-appellant deposits the amount of fine imposed upon him
by the trial court.
Accordingly, the instant application for suspension of
sentence filed under Section 389 Cr.P.C. is allowed and it is
ordered that the substantive sentence of imprisonment awarded to
the appellant-applicant Surendra Singh S/o Chand Singh by the
learned Special Judge, NDPS Act Cases, Bhilwara vide judgment
dated 23.12.2016 in Sessions Case No.2/2016 shall remain
suspended till final disposal of the aforesaid appeal and he shall be
released on bail, provided he deposits the amount of fine imposed
upon him, i.e. Rs.1,00,000/-, in the trial court and further
executes a personal bond in the sum of Rs.2,00,000/- with two
(3 of 3) [SOSA-702/2020]
sound and solvent sureties of Rs.1,00,000/- each to the
satisfaction of the learned trial Judge for his appearance in this
court on 01.04.2021 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 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 the 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 purpose
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.
(SANDEEP MEHTA),J
133-Pramod/-
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