Rajasthan High Court - Jodhpur
Bhupendra Singh vs State on 22 November, 2021
Bench: Rameshwar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application
(Appeal) No. 376/2020
In
S.B. Criminal Appeal No. 309/2020
Bhupendra Singh S/o Amarjeet Singh, aged about 31 Years, B/c
Jatsikh, R/o Bhagchadi, Thana Sadar Muktasar (Punjab).
(Presently Lodged At Central Jail, Bikaner).
----Appellant
Versus
State of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Mangi Lal Vishnoi
For Respondent(s) : Mr. Laxman Solanki, P.P
HON'BLE MR. JUSTICE RAMESHWAR VYAS
Order
22/11/2021
The applicant herein stands convicted and sentenced vide
judgment dated 14.01.2020 passed by learned Special Judge No.1
N.D.P.S Cases, Nohar, District Hanumangarh in Sessions Case
No.32/2016 as under:-
Offence Sentence Fine Fine Default
sentences
Section 8/15 NDPS Act 10 Years' R.I. Rs.1,00,000/ 6 Months' R.I.
-
Learned counsel for the applicant submits that appellant is
behind the bars for more than six years and four months; he has
already served more than fifty per cent of the sentence awarded
(2 of 3) [SOSA-376/2020]
to him; he has raised strong grounds in appeal to assail the
impugned judgment; there is lacuna in link of evidence regarding
samples; appeal is of the year 2020 and at present there is no
possibility that this appeal may be heard in the near future; there
is no criminal antecedents against the applicant. In the above
circumstances, learned counsel for the applicant prays to allow
this application seeking suspension of sentence passed by the
learned trial Court.
Learned Public Prosecutor opposes the application seeking
suspension of sentence. However, he does not dispute the fact
that applicant has served more than fifty per cent of the sentence
awarded to him.
Heard learned counsel for the applicant as well as learned
Public Prosecutor.
Having regard to the submissions made by learned counsel
for the parties and after perusal of material available on record,
particularly the fact that applicant has remained about more than
six years in prison, this Court deems it to be a fit case to suspend
the sentences awarded by the learned 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 sentences passed by the learned Special Judge
No.1 N.D.P.S Cases, Nohar, District Hanumangarh vide judgment
dated 14.01.2020 in Sessions Case No.32/2016 against applicant
Bhupendra Singh S/o Amarjeet Singh shall remain suspended
till final disposal of the aforesaid appeal and he shall be released
on bail subject to the condition that he shall deposit fifty per cent
of the fine imposed upon him by learned trial Court, provided he
executes a personal bond in the sum of Rs.50,000/- with two
(3 of 3) [SOSA-376/2020]
sureties of Rs.25,000/- each to the satisfaction of the learned trial
Judge for his appearance in this Court on 20.12.2021 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:-
1. That applicant 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.
(RAMESHWAR VYAS),J
31-rahul arya/-
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