Harjinder Singh vs State Of Rajasthan
2022 Latest Caselaw 2903 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal No. 46/2022

Harjinder Singh S/o Harbans Singh, Aged About 22 Years, R/o Chak Hirasinghwala, P.S. Sanagriya, District Hanumangarh (Raj.) (Presently Lodged Central Jail, Hanumangarh)

----Appellant Versus State Of Rajasthan, Through PP

----Respondent

For Appellant(s) : Mr. R. K. Charan.

For Respondent(s) : Mr. Gaurav Singh, P.P.

HON'BLE MS. JUSTICE REKHA BORANA

Order

22/02/2022

Admit.

Issue notice.

Learned Public Prosecutor accepts notice on behalf of the

respondent.

Heard on application for suspension of sentence.

The present appeal has been filed against the judgment

dated 13.12.2021, whereby the accused appellant has been

convicted for the offence under Sections 8/21, 22 and 29 of NDPS

Act and sentenced for a period of five years R.I.

Learned counsel for the appellant has submitted that the

accused was on bail during trial.

Learned Public Prosecutor has submitted that one case is

pending against the accused and that does not pertain to the

NDPS Act.

(2 of 3) [CRLAS-46/2022]

Having considered the totality of facts and circumstances of

the case, this Court considers it just and proper to suspend the

substantive sentence awarded to the accused appellant.

Accordingly, S.B. Suspension of Sentence (Appeal) No.

30/2022 filed under Sec.389 Cr.P.C. is allowed and it is ordered

that the substantive sentence passed by the trial court vide

judgment dated 13.12.2021 in Sessions Case No.21/2016 (CIS

No.21/2016) against applicant-appellant Harjinder Singh S/o

Harbans Singh shall remain suspended till final disposal of the

present appeal, provided he 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 his appearance in this

Court on 21.03.2022 and whenever ordered to do so, till the

disposal of the appeal on the conditions indicated below:-

1. That he will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the appellant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address, 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-appellant in a separate file. Such file be registered as

Criminal Misc. Case related to original case in which the accused-

appellant 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-appellant does not appear before the trial court, the

(3 of 3) [CRLAS-46/2022]

learned trial Judge shall report the matter to the High Court for

cancellation of bail.

(REKHA BORANA),J 10-Sachin/-

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