Rajasthan High Court - Jodhpur
Ghuru Charan Singh vs State Of Rajasthan on 18 March, 2021
Bench: Sandeep Mehta
(1 of 3) [SOSA-757/2020]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc.2nd Suspension Of Sentence Application
(Appeal) No. 757/2020
Ghuru Charan Singh S/o Sh. Balwant Singh, Aged About 37
Years, B/c Rai Sikh , Ahmed Dandi , Ps. Lakho Ka Bagram ,tehsil
Jalabad, Distt. Firozpur, Punjab. (Presently Lodged In Central
Jail, Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. B. Ray Bishnoi
For Respondent(s) : Mr. B. R. Bishnoi, AGC
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment
18/03/2021
The instant application for suspension of sentences under
Section 389 Cr.P.C. has been preferred by appellant Ghuru Charan
Singh S/o Sh. Balwant Singh who has been convicted and
sentenced for offence under Section 08/15 of NDPS Act, vide the
judgment dated 04.09.2018 passed by learned Special Judge,
NDPS Act Cases (Additional Sessions Judge), Bhadra, District
Hanumangarh in Sessions Case No.36/2016.
Learned counsel Shri Bishnoi has submitted an explanation
for the observations made in the order dated 01.12.2020 wherein,
this Court recorded that the apellant was granted interim bail in
the year 2015 and he did not surrender back on the due date and
could be rearrested on 07.07.2017. It is mentinoed in the
explanation that in the intervening period, the apellant's father
expired and thus, he could not surrender back in time.
(2 of 3) [SOSA-757/2020]
Learned Counsel Shri Bishnoi submits that the appelant has
strong grounds for assailing the impugned Judgment. He has
remained in custody for a period in excess to 6 years and there is
no likelihood of early hearing of the appeal. He further submits
that the appellant is ready to deposit the amount of fine, if the
sentences awarded to him by the trial court are suspended.
Learned Public Prosecutor vehemently and fervently oposed
the submissions advanced by appellant's counsel.
I have given my thoughtful consideration to the submissions
advanced at bar. From a perusal of record and more particularly
the procedure of drawing samples as undertaken by the
Investigating Officer, this Court is satisfied that the appellant has
available to him strong grounds for assailing the impugned
Judgment of conviction. 92 Kgs of poppy straw was recovered
from the appellant. As per the factual report of the learned Public
Prosecutor, one other case under IPC was registered against the
appellant in which, he has been acquitted after trial.
In this background, and having regards to the facts and
circumstances of the case I am inclined to suspend the sentences
awarded to the appellant. Accordingly, the instant application for
suspension of sentences filed under Section 389 Cr.P.C. is allowed
and it is ordered that the substantive sentence of imprisonment
passed by learned Special Judge, NDPS Act Cases (Additional
Sessions Judge), Bhadra, District Hanumangarh, vide the
judgment dated 04.09.2018 in Sessions Case No.36/2016 against
the appellant-applicant Ghuru Charan Singh S/o Sh. Balwant
Singh shall remain suspended till final disposal of the aforesaid
appeal and he shall be released on bail, provided he desposits the
amount of fine and executes a personal bond in the sum of
(3 of 3) [SOSA-757/2020]
Rs.1,00,000/- and two sound and solvent sureties of Rs.50,000/-
each (verified by the Tehsildar concerned) to the satisfaction of
the learned trial Judge for his appearance in this court on
22.04.2021 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.
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.
(SANDEEP MEHTA),J
138-/Devesh Thanvi/-
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