Rajasthan High Court - Jodhpur
Ashu Singh vs State on 12 April, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 166/2016
IN
S.B. Criminal Appeal No.152/2016
Ashu Singh S/o. Shri Trilok Singh, by caste Rawat, aged about
23 years, resident of Gunga Magari, Barar, Police Station Bhim,
District Rajsamand.
(At present lodged in Central Jail, Udaipur)
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. RS Chundawat
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
12/04/2022
In wake of instant surge in COVID-19 cases and spread of its
highly infectious Omicron variant, abundant caution is being
maintained, while hearing the matters in the Court, for the safety
of all concerned.
Heard learned counsel for the parties on the application
seeking suspension of sentence.
Counsel for the appellant submits that the appellant has
undergone total sentence of 08 years, 06 months & 29 days as on
12.04.2022, out of total 10 years rigorous imprisonment.
Counsel for the appellant further submits that there is likelihood of
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the appeal being heard at an early date, thus, prayed to suspend
the sentence.
Counsel for the appellant has shown the following judgments
passed by this Court :-
Kamlesh @ Komal Garg Vs. State of Rajasthan;
(S.B. Criminal Misc. Third Suspension of Sentence
Application (Appeal) No.467/2020, decided on
08.01.2021,
Nirmal Singh S/o Jarnel Singh Vs. State of
Rajasthan; (S.B. Criminal Misc. 5th Suspension of
Sentence Application (Appeal) No.816/2019, decided on
25.08.2020,
Pawan @ Shyamlal Sharma Vs. State of
Rajasthan; (S.B. Criminal Misc. Third Suspension of
Sentence Application (Appeal) No.23/2021, decided on
28.01.2021 and,
Champa Ram Vs.State of Rajasthan; (S.B.
Suspension of Sentence Application (Appeal)
No.517/2018, decided on 06.07.2018.
Counsel for the appellant has relied upon the judgment of
Hon'ble Apex Court in the cases of Thana Singh Vs. Central
Bureau of Narcotics reported in (2013) 2 SCC as well as
Mayuresh Nandkumar Purohit Vs. Kaushik Manna & Anr.,
reported in 2018 Cr. L.R. (SC) 251, in which the Hon'ble Court
has released the appellant on completion of custody of 08 years in
NDPS cases.
Learned Special PP opposed the application.
Having considered of the totality of facts and circumstances
of the case, I consider it just and proper to suspend the
substantive sentence awarded to the accused appellant.
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Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to appellant/
s - Ashu Singh S/o. Shri Trilok Singh by the learned Sessions
Judge, Rajsamand vide judgment dated 10.12.2015 in Sessions
Case No.47/2014 (CIS No.224/2014) shall remain suspended till
final disposal of aforesaid appeal provided he executes a personal
bond for a sum of Rs.50,000/- alongwith two solvent sureties in
the sum of Rs.25,000/- each to the satisfaction of the learned trial
court for his appearance before this Court on 26.05.2022 and
whenever called upon to do so till the disposal of the appeal on
the conditions inidcated 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(s) 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
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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.
(DR.PUSHPENDRA SINGH BHATI), J.
176-Sanjay/-
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