Rajasthan High Court - Jodhpur
Gurjant Singh Janta vs State Of Rajasthan on 13 December, 2022
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 28/2019
IN
S.B. Criminal Appeal No.28/2019
Gurjant Singh @ Janta S/o Jarnail Singh, Aged About 51 Years,
B/c Jatsikh, R/o Maleka, Sadar P.S. Sirsa Distt. Haryana
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. B Ray Bishnoi
For Respondent(s) : Mr. Gaurav Singh, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
13/12/2022
Heard learned counsel for the appellant and learned public
prosecutor on application of suspension of sentence.
Learned counsel for the appellant submits that it is the case
of prosecution that on 01.05.2013, the police team of Police
Station Pallu intercepted the vehicle bearing No.RJ-27-UA-4054
and apprehended four persons namely Sita Ram, Bhagwati Lal,
Keshu Ram and Pappu Lal. Upon search, certain quantity of opium
said to be recovered from the vehicle. It is further case of the
prosecution that the said contraband was to be supplied to the
present appellant. The accusation leveled against the appellant
was based on the information allegedly supplied by the principal
accused to the investigation team and there is no independent
(2 of 3) [SOSA-28/2019]
evidence to support the same. The sentences of the principal
accused Sita Ram and the other co-accused persons have already
been suspended by a co-ordinate Bench of this Court vide order
dated 26.02.2019 in S.B. Suspension of Sentence (Appeal)
No.27/2019. Therefore, learned counsel for the appellant submits
that the sentence awarded to the accused-appellant may be
suspended as the hearing of the appeal will take long time to
conclude.
Learned Public Prosecutor vehemently oppose the prayer
made by learned counsel for the accused-appellant and submits
that there are 3 cases of identical nature registered against the
appellant. Therefore, the application for suspension of sentence
deserves to be dismissed.
Upon consideration of the arguments advanced on behalf of
the appellant and having regard to the facts and circumstances of
the case, this court is of the opinion that it is a fit case for
suspending the sentence awarded to the accused appellant.
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 the learned Special Judge, NDPS Act Cases
(Addl. Sessions Judge No.1), Nohar Distt. Hanumangarh vide
judgment dated 17.12.2018 in Sessions Case No.49/2016 against
the appellant-applicant Gurjant Singh @ Janta S/o Jarnail
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.1,00,000/- with two sureties of
Rs.50,000/- each to the satisfaction of the learned trial Judge for
his appearance in this court on 13.1.2023 and whenever ordered
(3 of 3) [SOSA-28/2019]
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. 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. 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.
(FARJAND ALI),J
147-Anshul/-
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