Rajasthan High Court - Jodhpur
Gurdayal Singh vs State on 5 February, 2022
Bench: Vinod Kumar Bharwani
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 35/2020
In
S.B. Criminal Appeal No.45/2020
Gurdayal Singh S/o Shri Amar Singh, Aged About 32 Years, By
Caste Raisikh, R/o Pakki, Police Thana Hindumalkot, District
Sriganganagar. (At Present Lodged In Central Jail Bikaner).
Malkit Singh S/o Satnam Singh, Aged 34 years By Caste Raisikh,
R/o Pakki, Police Thana Hindumalkot, District Sriganganagar. (At
Present Lodged In Central Jail Bikaner).
----Petitioner
Versus
State, Through P.p.
----Respondent
For Petitioner(s) : Mr. Mangi Lal Bishnoi, through VC
For Respondent(s) : Mr. Mohd. Javed Gauri, PP
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order
05/02/2022
The instant application for suspension of sentence under
Section 389 CrPC has been preferred on behalf of the appellant-
applicants Gurdayal Singh S/o Shri Amar Singh and Malkit Singh
S/o Satnam Singh, who have been convicted and sentenced for
the offence under Section 8/18 of the NDPS Act vide the judgment
dated 02.12.2019 passed by the learned Special Judge NDPS
Cases-cum-Additional Sessions Judge No.1, Nohar District
Hanumangarh, in Sessions Case CIS No.31/2016.
Heard learned counsel for the parties and perused the
material available on record.
Learned counsel for the appellant-applicants submits that
appellant-applicants have been sentenced for ten years rigorous
imprisonment and till date, they have remained in custody for
(2 of 3) [SOSA-35/2020]
nearly six and half years, therefore, the sentence awarded to
them may also be suspended during the pendency of the appeal.
The appellants have remained in custody for more than five
years. Hon'ble the Supreme Court considered the concept of grant
of bail on account of prolonged custody in the case of Saudan
Singh vs State of Uttar Pradesh (Petition for Special Leave
to Appeal (Crl.) No.4633/2021 decided on 05.10.2021) and
Manohar Lal Ainani vs State of Rajasthan and Anr (Petition
for Special leave to Appeal (Cri) No.2893/2021 decided on
15.11.2021).
In the case of Manohar Lal (supra), the custodial period of
more than five years was considered sufficient to grant bail to the
said accused. There are bleak chances of early disposal of the
appeal and if the accused are not extended indulgence of bail,
they are likely to serve out the sentences awarded to them by the
trial court. As a consequence, I am of the firm opinion that
conditions of Section 32-A read with Section 37 of the NDPS Act
are duly satisfied.
In this background and having regard to the overall facts and
circumstances of the case, this Court is of the opinion that this is a
fit case to enlarge the appellant-applicants on bail by suspending
their sentences during the pendency of the appeal.
Accordingly, the instant application for suspension of
sentences filed under Section 389 Cr.P.C. is allowed and it is
ordered that the sentences passed by learned Special Judge NDPS
Cases (Additional Sessions Judge No.1), Nohar District
Hanumangarh, vide judgment dated 02.12.2019 in Sessions Case
CIS No.31/2016 against the appellant-applicant Gurdayal Singh
1S/o Shri Amar Singh and Malkit Singh S/o Satnam Singh, shall
(3 of 3) [SOSA-35/2020]
remain suspended till final disposal of the aforesaid appeal and he
shall be released on bail subject to the condition that each of them
shall furnish 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 their appearance in this court on 07.03.2022 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:-
1. That they will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the applicants change the place of
residence, they will give in writing 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-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
purpose 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.
(VINOD KUMAR BHARWANI),J
53-Mamta/-
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