Gurjant Singh vs State Of Rajasthan
2022 Latest Caselaw 14957 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 1632/2022

1. Gurjant Singh S/o Bhag Singh, Aged About 54 Years, Shekha Road, Gali No. 05, W.no. 9, Barnala, P.s. Barnala City, Dist. Barnala (Punjab). (At Present Lodged In Central Jail, Ajmer).

2. Harphool Singh S/o Gurmel Singh, Aged About 37 Years, Maheshari Sandhua, P.s. Galkalla (Sadar) Moga Dist. Moga (Punjab). (At Present Lodged In Central Jail, Ajmer).

                                                                     ----Appellants
                                       Versus
State Of Rajasthan, Through Pp
                                                                    ----Respondent


For Appellant(s)              :    Mr. R.S. Charan
For Respondent(s)             :    Mr. S.S. Rajpurohit, PP



              HON'BLE MR. JUSTICE FARJAND ALI

                                        Order

19/12/2022

     Heard.
     Admit.

     Call for record.

Issue notice to the respondent. Learned Public Prosecutor accepts

notice on behalf of State. Hence, notice need not be issued.

Heard learned counsel for the appellants and learned public

prosecutor on application of suspension of sentences No.980/2022.

Learned counsel for the appellants submits that the recovered

contraband is below commercial quantity. Appellants were on bail during

the course of trial and they never misused the liberty granted to them.

The embargo contained under Section 37 of the NDPS Act is not an

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impediment to granting bail in the present case. Hearing to the appeal

would take time.

Upon a consideration of the arguments advanced on behalf of the

appellants 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 appellants.

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, Bhilwara vide

judgment dated 01.10.2022 in Sessions Case No. 06/2018 against the

appellant-applicants Gurjant Singh S/o Bhag Singh and Harphool

Singh S/o Gurmel Singh shall remain suspended till final disposal of

the aforesaid appeal and they shall be released on bail, provided each

of them executes a personal bond in the sum of Rs.50,000/- with two

sureties of Rs.25,000/- each to the satisfaction of the learned trial

Judge for their appearance in this court on 19.01.2023 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. 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-

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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 3-amit/-

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