Rajasthan High Court - Jodhpur
Krishan Singh vs State on 1 October, 2021
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. 3rd Suspension Of Sentence Application
(Appeal) No. 530/2020
Krishan Singh S/o Shri Anand Singh, Aged About 27 Years, B/c
Rajput, R/o Khirod, P.s. Navalgarh, District Jhunjhunu, Raj. (At
Present Lodged In District Jail, Bhilwara)
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Kailash Khilery & Mr. Naresh
Vishnoi
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
01/10/2021
Heard learned counsel for the appellant-applicant as well as
learned Public Prosecutor, on application for suspension of
sentences.
By the instant application preferred under Section 389
Cr.P.C., applicant-appellant has craved for suspending the
sentences handed down by learned Special Judge, NDPS Cases,
Bhilwara (for short, 'learned trial Court'), by its judgment dated
05.10.2017 in Sessions Case No.35/2016. Learned trial Court, by
the aforesaid judgment, convicted the applicant-appellant for
offence under Section 8/15 of the NDPS Act.
Arguing on the application for suspension of sentences, it is
submitted by learned counsel for the applicant-appellant that the
accused appellant was convicted for the offence punishable under
(2 of 3) [SOSA-530/2020]
Setion 8/15 of the NDPS Act by the learned Special Judge,
Bhilwara vide judgment dated 05.10.2017. The accused appellant
is behind the bars for more than five and half years, he has been
convicted for the period of 10 years R.I. and a fine of
Rs.1,00,000/- was also imposed. Learned counsel further submits
that more that half of the sentence he has already been
undergone and the accused appellant is ready to pay half of the
penalty amount before the learned trial Court. Learned counsel for
the appellant further submits that hearing of the appeal will take
time and there are good chances of success of the appeal.
Therefore, the application for Suspension of Sentence may kindly
be allowed.
Per contra learned Public Prosecutor has opposed the
application for suspension of sentences and stated that 82 kgs of
poppy straw has been recovered in the present case, which is the
commerical quantity but not controverted the fact that hearing of
the appeal may take time.
Having regard the facts and circumstances of the case and
particularly the fact that the accused appeallant is behind the bars
for more than five and half years, which is half of the sentenced
period and the accused appellant is also ready to deposit 50% of
the penalty amount, which is Rs.50,000/- before the learned trial
Court, therefore, I feel inclined to accept this application for
suspension of sentence.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentences passed by learned Special Judge, NDPS Cases,
Bhilwara, vide judgment dated 05.10.2017 in Sessions Case
No.35/2016 against appellant-applicant - Krishan Singh S/o
(3 of 3) [SOSA-530/2020]
Shri Anand Singh shall remain suspended till final disposal of the
aforesaid appeal and he shall be released on bail, provided he
executes a personal bond in the sum of Rs.2,00,000/- each with
two sound and solvent sureties of Rs.1,00,000/-each (one surety
should be of a close or blood relative of the accused petitioner) to
the satisfaction of the learned trial Judge for his appearance in this
Court on 08.11.2021 and whenever ordered to do so till disposal
of the appeal, on the conditions indicated below:-
1. That he will appear before the trial Court in the
month of January every year till the appeal is
decided.
2. That if the applicant change 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
accused-applicants 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 purposes 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.
(DEVENDRA KACHHAWAHA),J
276-Arvind/-
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