Rajasthan High Court - Jodhpur
Amar Singh vs State Of Rajasthan on 20 October, 2021
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 821/2021
1. Amar Singh S/o Leelu @ Dharmpal, Aged About 36 Years,
B/c Jat, R/o Ward No. 17, Nohar, Dist. Hanumangarh
(Raj.). (Lodged In Central Jail Bikaner).
2. Shankar Singh S/o Sarjeet Singh, Aged About 29 Years,
B/c Rajput, R/o Nagrasari, P.s. Nohar, Dist. Hanumangarh.
(Lodged In Central Jail, Bikaner).
3. Makkhan Singh S/o Sadhu Singh, Aged About 28 Years,
B/c Jat Sikh, R/o Pohadka, P.s. Elanabad, Dist. Sirsa
(Haryana). (Lodged In Central Jail, Bikaner).
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. J.S. Choudhary Sr. Adv.
assisted by Mr. Pradeep Choudhary
For Respondent(s) : Mr. Anees Bhurat PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
20/10/2021
Heard.
Admit. Learned Public Prosecutor accepts notice on behalf of
respondent-State.
Heard on application of suspension of sentence No.550/2021.
Learned counsel for the appellants wants to withdraw the
application for sentence of Suspension filed on behalf of appellant
No.1 Amar Singh S/o Leelu @ Dharmpal at this stage.
Accordingly, the application for suspension of sentence is
dismissed as withdrawn qua appellant No.1 Amar Singh S/o Leelu
@ Dharmpal.
(2 of 3) [CRLAS-821/2021]
So far as the appellants No.2 & 3 are concerned, upon a
consideration of the arguments advanced by the counsel for the
appellants and having regard to the facts and circumstances of the
case, including the facts that the appellants No.2 and 3 namely
Shankar Singh and Makkhan Singh are in custody for more than
three years and hearing of the appeal will take sufficient long time
to be concluded, this court is of the opinion that it is a fit case for
suspending the substantive sentence awarded to the accused-
appellants No.2 & 3.
Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed qua the appellants No.2 & 3
and it is ordered that the substantive sentences passed by the
learned Special Judge, N.D.P.S. Act Cases, Churu, vide judgment
dated 26.08.2021 in Sessions Case No.236/2018 against the
appellant-applicant Nos.2 Shankar Singh S/o Sarjeet Singh and
No.3 Makkhan Singh S/o Sadhu Singh shall remain suspended till
final disposal of the aforesaid appeal subject to the condition that
the appellants will deposit the fine amount as imposed by the
learned trial Court and they will be released on bail, provided they
execute a personal bond in the sum of Rs.1,00,000/- each with
two sureties of Rs.50,000/- each to the satisfaction of the learned
trial Judge for their appearance in this court on 22.11.2021 and
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 of 3) [CRLAS-821/2021]
3. Similarly, if the sureties change their address(s),
they will give in writing their changed address to
the trial Court.
4. Appellants shall deposit the fine amount as
imposed by the learned 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.
(MANOJ KUMAR GARG),J
5-Samvedana/-
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