Gurnam Singh vs State
2021 Latest Caselaw 15248 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 529/2020 In S.B. Criminal Appeal No.1240/2019

Harnam Singh S/o Jagdish Singh, Aged About 34 Years, B/c Jatsikh, R/o Bakrah P.S.- Ghakgha District Patiala Punjab. (At Present Lodged in Central Jail, Bikaner)

----Petitioner Versus State through PP

----Respondent Connected With S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 477/2021 In S.B. Criminal Appeal No.1240/2019

Gurnam Singh S/o Sohan Singh, Aged About 36 Years, B/c Jatsikh, R/o Bakrah P.S.- Ghakgha District Patiala Punjab. (At Present Lodged in Central Jail, Bikaner)

----Petitioner Versus State through PP

----Respondent

For Petitioner(s) : Mr. R.S. Gill For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

01/10/2021 This present applications for suspension of sentences under

Section 389 CrPC has been preferred on behalf of the appellant-

applicants Gurnam Singh & Harnam Singh who have been

convicted and sentenced vide judgment dated 08.07.2019 passed

(2 of 4) [SOSA-529/2020]

by learned Special Judge, NDPS Cases (Additional Sessions

Judge), Bhadra, Hanumangarh in Sessions Case No.13/17(35/08)

for the offences under Sections 8/15 of the NDPS Act qua

accused-appellant Gurnaam Singh and Sections 8/15 & 25 of

NDPS Act qua accused-appellant Harnam Singh.

Heard learned counsel for the appellant-applicants, learned

Public Prosecutor and perused the material available on record.

Arguing on the application for suspension of sentences, it is

submitted by learned counsel for the applicants-appellants that as

per the facts mentioned at para No.2 of the impugned judgment,

samples were collected mixing all the alleged contraband after

being unloaded in one palald (cloth), hence, it is clear violation of

the guidelines issued by this Court rendered in the case of Netram

Vs. State of Rajasthan, reported in 2014(1) Cr.L.R. (Raj.) 163.

Learned counsel further stated that provision of sub-clause 3 of

Section 50 of the NDPS Act has not been complied with by the

seizure officer and necessary language of sub clause 3 of Section

50 of the NDPS Act has not reproduced in the said notice (Exh.-

P/6) given under Section 50 of the NDPS Act. Learned counsel

further stated that applicant-appellant Harnam Singh is behind the

bars for more than seven years and applicant-appellant Gurnaam

Singh is behind the bars for more than five years. Lastly, learned

counsel has submitted that final decision of the appeal is likely to

take considerable time, and, therefore, it would be appropriate to

keep applicants-appellants under further incarceration.

Per contra, learned Public Prosecutor opposed the application

for suspension of sentences and stated that as per para 34 of the

(3 of 4) [SOSA-529/2020]

impugned judgment, provision of Section 52 A of the NDPS has

been complied with.

In this background and having regard to the overall facts and

circumstances of the case, particularly to the facts that as per the

story of prosecution and statement of seizure officer recorded as

PW-2 Mahendra Singh, contraband of all six bags was unloaded

upon one palad (cloth) and sample were taken after mixing of the

total contraband, therefore, it is clear violation of the guidelines

issued by this Court in Netram's case (supra) and mandatory

compliance of provision of Section 50 of the NDPS Act has not

been complied with by the seizure officer, therefore, this Court is

of the opinion that this is a fit case to enlarge the applicants-

appellants on bail by suspending their sentences during the

pendency of the appeal.

Accordingly, the instant applications for suspension of

sentences filed under Section 389 Cr.P.C. are allowed and it is

ordered that the sentences passed by learned Special Judge,

NDPS Cases (Additional Sessions Judge), Bhadra, Hanumangarh in

Sessions Case No.13/17(35/08) against the appellants-applicants

(1) Harnam Singh S/o Jagdish Singh and (2) Gurnam Singh S/o

Sohan Singh shall remain suspended till final disposal of the

aforesaid appeal and they shall be released on bail subject to the

condition that each of them furnishes a personal bond in the sum

of Rs.2,00,000/- with two sound and solvent sureties of

Rs.1,00,000/- (out of which one shall be local surety) each to the

satisfaction of the learned trial Judge for their appearance in this

court on 08.11.2021 and whenever ordered to do so till the

disposal of the appeal on the conditions indicated below:-

(4 of 4) [SOSA-529/2020]

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.

Incase 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.

(DEVENDRA KACHHAWAHA),J

274-275-Arvind/-

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