Rajasthan High Court - Jodhpur
Amandeep Singh @ Mani vs State Of Rajasthan on 6 April, 2023
Bench: Farjand Ali
[2023/RJJD/008953]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No.134/2023
IN
S.B. Criminal Appeal No. 204/2023
1. Amandeep Singh @ Mani S/o Sher Singh, Aged About 39
Years, B/c Simbe, R/o Dindoli Kalan, Police Station Dirma,
District Sangroor (Punjab) (At Present Lodged In District
Jail, Chittorgarh)
2. Gurpyar Singh @ Desha Mistri S/o Harmendra Singh,
Aged About 31 Years, B/c Jat Sikh, R/o Dindoli Kalan,
Police Station Dirbha, District Sangroor (Punjab) (At
Present Lodged In District Jail, Chittorgarh)
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Ravinder Kumar Charan
For Respondent(s) : Mr. Gaurav Singh, Public Prosecutor
HON'BLE MR. JUSTICE FARJAND ALI
Order
06/04/2023
The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
06.02.2023 passed by learned Special Judge, NDPS Act Cases
No.2, District Chittorgarh in Sessions Case No.114/2019(64/2017)
whereby each of the applicant-appellant was convicted and
sentenced to suffer maximum punishment of 3 years rigorous
imprisonment along with fine of Rs.30,000/- in default 3 months
rigorous imprisonment under Sections 8/15 & 8/29 of NDPS Act.
[2023/RJJD/008953] (2 of 4) [SOS-134/2023]
Learned counsel for the applicants-appellant contended that
a total 11 Kilograms of poppy husk minimum was recovered from
the possession of the applicants which is well below the
demarcated commercial quantity and for that the embargo
contained under Sections 32-A and 37 of the NDPS Act are not
applicable. It is further contended on behalf of the applicants that
the learned trial Judge has not appreciated the correct, legal and
factual aspects of the matter and thus, reached at an erroneous
conclusion of guilt, therefore, the same is required to be
appreciated again by this court being the first appellate Court.
Learned counsel for the appellant also submits that hearing of the
appeal is likely to take long time, therefore, the application for
suspension of sentence may be granted.
Per contra, learned public prosecutor has vehemently
opposed the prayer made on behalf of the learned counsel for the
applicants for suspending the sentence of the applicants-appellant.
Heard and perused the material available on record.
Upon consideration of the grounds raised in the memo of the
appeal, looking to the totality of facts and circumstances of the
case, more particularly the fact that the entire evidence is
required to be verified and assessed again by this Court and also
the fact that the hearing of appeal is likely to take further more
time and while refraining from passing any comments on the
niceties of the matter and the defects of the prosecution as the
same may put an adverse effect on hearing of the appeal, this
court is of the opinion that it is a fit case for suspending the
sentence awarded to the applicants-appellant.
[2023/RJJD/008953] (3 of 4) [SOS-134/2023]
Accordingly, the present application for suspension of
sentence filed under Section 389 Cr.P.C. is allowed and it is
ordered that the sentences passed by learned Special Judge,
NDPS Act Cases No.2, District Chittorgarh vide judgment dated
06.02.2023 in Sessions Case No.114/2019(64/2017) against the
appellants-applicant (1) Amandeep Singh @ Mani S/o Sher
Singh and (2) Gurpyar Singh @ Desha Mistri S/o Harmendra
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/- to the satisfaction of the learned trial court
for his/her/their appearance in this Court on 08.05.2023 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) change(s) the place of
residence, he/she/they will give in writing his
changed address(es) to the trial Court as well as to
the counsel in the High Court.
3. Similarly, if the sureties change their
address(es), 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-applicant(s) 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
[2023/RJJD/008953] (4 of 4) [SOS-134/2023]
said accused applicant(s) does(do) 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
12-AnilKC/-
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