Rajasthan High Court - Jodhpur
Rajdeep Singh vs State Of Rajasthan on 20 May, 2022
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Second Suspension Of Sentence Application
(Appeal) No. 389/2022
IN
S.B. Criminal Appeal No.398/2017
Rajdeep Singh S/o Shri Ramlakhan, Aged About 42 Years, B/c
Rajput, R/o Rajendra Bara, P.s. Tajpur Samastipur, At Present
Dhaka District Ludhiyana, Punjab. (Presently Lodged In Open Air
Camp, Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Ms. Sumitra Choudhary for
Mr. Kalu Ram Bhati
For Respondent(s) : Mr. Vikram Sharma, PP
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
20/05/2022
Admit.
Record has already been received.
Heard learned counsel for the parties on the application
seeking suspension of sentence no.389/2022.
Counsel for the appellant submits that co-accused Surendra
Pal Singh has been granted bail by Co-ordinate Bench of this Court
vide S.B. Criminal Misc. SOS (Appeal) NO.350/2021 on
05.05.2022. The bail order reads as follows :-
"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
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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 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 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. "
Counsel for the appellant further submits that the appellant
has undergone custody of 08 years, 08 months and 02 days as on
13.05.2022, out of total 15 years' R.I. awarded. Counsel for the
appellant submits that there is likelihood of the appeal being
heard at an early date, thus, prayed to suspend the sentence.
Custody Certificate produced by learned PP is taken on
record.
Counsel for the appellant has shown the following judgments
passed by this Court :-
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Kamlesh @ Komal Garg Vs. State of Rajasthan;
(S.B. Criminal Misc. Third Suspension of Sentence
Application (Appeal) No.467/2020, decided on
08.01.2021,
Nirmal Singh S/o Jarnel Singh Vs. State of
Rajasthan; (S.B. Criminal Misc. 5th Suspension of
Sentence Application (Appeal) No.816/2019, decided on
25.08.2020,
Pawan @ Shyamlal Sharma Vs. State of
Rajasthan; (S.B. Criminal Misc. Third Suspension of
Sentence Application (Appeal) No.23/2021, decided on
28.01.2021 and,
Champa Ram Vs.State of Rajasthan; (S.B.
Suspension of Sentence Application (Appeal)
No.517/2018, decided on 06.07.2018.
Counsel for the appellant has relied upon the judgment of
Hon'ble Apex Court in the cases of Thana Singh Vs. Central
Bureau of Narcotics reported in (2013) 2 SCC as well as
Mayuresh Nandkumar Purohit Vs. Kaushik Manna & Anr.,
reported in 2018 Cr. L.R. (SC) 251, in which the Hon'ble Court
has released the appellant on completion of custody of 08 years in
NDPS cases.
Learned PP opposed the application.
Having considered of the totality of facts and circumstances
of the case, I consider it just and proper to suspend the
substantive sentence awarded to the accused appellant.
Accordingly, this application for suspension of sentences is
allowed and it is directed that the sentences awarded to
appellant/s - Rajdeep Singh S/o Shri Ramlakhan by the
learned Special Judge, NDPS Cases No.2, Chittorgarh vide
judgment dated 04.03.2017 in Sessions Case No.291/2014 shall
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remain suspended till final disposal of aforesaid appeal provided
he executes a personal bond for a sum of Rs.50,000/- alongwith
two solvent sureties in the sum of Rs.25,000/- each to the
satisfaction of learned trial court for his appearance before this
Court on 11.07.2022 and whenever called upon to do so till the
disposal of the appeal on the conditions inidcated 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(s) 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.
(DR.PUSHPENDRA SINGH BHATI), J.
118-Sanjay/-
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