Rajasthan High Court - Jodhpur
Surendra Pal Singh vs State Of Rajasthan on 5 May, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 350/2021
Surendra Pal Singh S/o Shri Bachan Singh, Aged About 54 Years,
B/c Sikh, R/o Abbu Bal, P.S. Sadar, District Ludhniyana, Punjab.
(Presently Lodged In Central Jail, Bikaner).
----Applicant
Versus
State Of Rajasthan
----Respondent
For Applicant(s) : Ms. Sumitra Choudhary
For Respondent(s) : Mr. Mohd. Javed Gauri, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
05/05/2022
Heard learned counsel for the parties on suspension of
sentence application.
Learned counsel for the applicant-appellant has submitted
that the applicant-appellant was convicted for the offences
punishable under NDPS Act and sentenced for 15 year of rigorous
imprisonment vide impugned judgment. It is submitted that out of
total sentence, the applicant-appellant has already undergone 8
yeas and 8 months of sentence. It is also submitted that there is
no possibility of hearing of the appeal in near future.
Having considered the totality of facts and circumstances of
the case, taking into consideration the custody period of the
accused applicant-appellant and in view of the fact that the
hearing of the appeal will take time, I consider it just and proper
(2 of 3) [SOSA-350/2021]
to suspend the substantive sentence awarded to the accused
applicant-appellant.
Accordingly, this suspension of sentence application 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 04.03.2017 in Sessions Case No.291/2014 (85/2013)
against applicant-appellant - Surendra Pal Singh S/o Shri
Bachan Singh shall remain suspended till final disposal of the
aforesaid 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 06.06.2022 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 applicant-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 applicant-appellant in a separate file. Such file be
registered as Criminal Misc. Case related to original case in which
(3 of 3) [SOSA-350/2021]
the accused applicant-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 applicant-appellant does not
appear before the trial court, the learned trial Judge shall report
the matter to the High Court for cancellation of bail.
(VIJAY BISHNOI),J
Abhishek Kumar
S.No.234
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