Roopsingh vs State Of Rajasthan
2023 Latest Caselaw 2850 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc IIIrd Suspension Of Sentence Application (Appeal) No. 861/2022

In

S.B. Criminal Appeal No.210/2016

Roopsingh S/o Shri Nikkasingh, Aged About 32 Years, R/o Desu Malkhana Ps Kalavadi Dist. Sirsa Haryana (Presently Lodged In Open Air Camp Goluvala)

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

----Respondent

For Petitioner(s) : Mr. K.R. Bhati Mr. S.D. Chanvariya For Respondent(s) : Mr. A.R. Choudhary, P.P.

HON'BLE MR. JUSTICE FARJAND ALI

Order

10/04/2023

The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment dated

23.01.2016 passed by the learned Special Judge, NDPS Cases Sri

Ganganganagar in Sessions Case No 1/2015 CIS No.136/2015

whereby he was convicted and sentenced to suffer maximum

imprisonment of 13 years' rigorous imprisonment along with a fine

of Rs.1,25,000/- under Section 8/15 of NDPS Act and under

Section 8/15 R/W29 of NDPS Act.

It is contended on behalf of the applicant that the sentences

of similarly situated co-accused, namely, Sharmila Singh who has

been granted bail by this Court vide order dated 28.03.2023

(2 of 4) [SOSA-861/2022]

passed in S.B. Criminal Misc. III Suspension of Sentence

Application (Appeal) No.934/2022, the application for suspension

of sentence moved on behalf of the accused Lalu Singh and

Jaswindra Singh have been allowed by the co-ordinate Bench of

this Court in Criminal Misc. II Suspension of Sentence Application

(Appeal) No.203/2022 vide order dated 09.09.2022 and the case

of the petitioner is at par to the co-accused whose sentences have

already been suspended. He further submits that 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. 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 accused-applicant for

releasing the appellant on application for suspension of sentence.

Heard learned counsel for the parties and perused the

material available on record.

Considering the submissions of learned counsel for the

parties, this is the third application for suspension of sentence.

The second application for suspension of sentence came to be

dismissed by the co-ordinate Bench of this Court vide order dated

20.02.2020 passed in S.B. Criminal Misc. Suspension of sentence

Application (Appeal) No.227/2020. The circumstances has been

changed, thereafter, first is the period of incarceration which has

(3 of 4) [SOSA-861/2022]

further extended and the second and most important is that the

similarly situated co-accused Sharmila Singh who has also been

convicted by the learned trial Court on the same set of accusation,

has been granted bail by this Court vide order dated 28.03.2023

passed in S.B. Criminal Misc. III Suspension of Sentence

Application (Appeal) No.934/2022. Furthermore, the application

for suspension of sentence moved on behalf of the accused Lalu

Singh and Jaswindra Singh have been allowed by the co-ordinate

Bench of this Court in Criminal Misc. II Suspension of Sentence

Application (Appeal) No.203/2022 vide order dated 09.09.2022.

Thus, on ground of the parity and looking to the totality of facts

and circumstances of the case more particularly the fact that

hearing of appeal is likely to take further more time and

considering the overall submissions 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 accused-appellant.

Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

sentence passed by learned Special Judge, NDPS Cases Sri

Ganganganagar who passed the impugned order dated

23.01.2016 in Sessions Case No. 1/2015 CIS No.136/2015

against the appellant-applicant- Roopsingh S/o Shri Nikkasingh

shall remain suspended till final disposal of the aforesaid appeal

and he shall be released on bail provided he executes a personal

bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/-

(4 of 4) [SOSA-861/2022]

each to the satisfaction of the learned trial Judge for his

appearance in this court on 10.05.2023 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 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 addresses, 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 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.

(FARJAND ALI),J 92-divya/-

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