Gurmukh Singh vs State Of Rajasthan
2023 Latest Caselaw 1331 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODH-

PUR S.B. Criminal Appeal No. 59/2023

1. Gurmukh Singh S/o Shri Gurudev Singh Rai Sikh, Aged About 31 Years, R/o Umarewala, Mahatpur, Police Sta- tion, District Jallundhar (Punjab) (Confined In District Jail, Chittorgarh)

2. Jasvindra S/o Surat Singh Raisikh, Aged About 34 Years, R/o Nearby Pond, Jhandakalla Medical Lane, Sardulgarh Police Station, District Mansa (Punjab) (Confined In Dis- trict Jail, Chittorgarh)

3. Dharamveer Singh S/o Bhola Singh Rai Sikh, Aged About 34 Years, R/o Bhirdana, Fatehabad Police Station, Fate- habad, District Fatehabad (Haryana) (Confined In District Jail, Chittorgarh)

----Appellants Versus State Of Rajasthan, Through Pp

----Respondent

For Appellant(s) : Mr. Surendra Singh Shektawat For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

03/02/2023 Learned Public Prosecutor accepts notice on behalf of State.

Heard learned counsel for the appellants and learned Public

Prosecutor on application for suspension of sentence No.43/2023.

Learned counsel for the appellants-applicants submits that

the appellants are behind bars since long. Therefore, learned

counsel for the appellants pray that the sentence awarded to the

accused-appellants may be suspended.

Learned Public Prosecutor vehemently opposed the prayer

(2 of 3) [CRLAS-59/2023]

made by the learned counsel for the accused-appellants.

Upon a consideration of the arguments advanced on behalf

of the appellants and having regard to the facts and circumstances

of the case, this Court is of the opinion that it is a fit case for

suspending the sentence awarded to the accused-appellants.

Accordingly, the application for suspension of sentence filed

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

sentences passed by the learned Special Judge , NDPS Act, No.2,

Chittorgarh, vide judgment dated 07.01.2023 in Sessions Case

No.84/2017 (26/2017) against the appellants-applicants - (1)

Gurmukh Singh S/o Shri Gurudev Singh Rai Sikh (2) Jasvin-

dra S/o Surat Singh Raisikh (3) Dharamveer Singh S/o

Bhola Singh Rai Sikh, shall remain suspended till final disposal

of the aforesaid appeal and they shall be released on bail,

provided they execute a personal bond in the sum of

Rs.1,00,000/- each with two sureties of Rs.50,000/- to the

satisfaction of the learned trial Judge for their appearance in this

Court on 03.03.2023 and whenever ordered to do so till the dis-

posal 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) 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 ad- dress(s), 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

(3 of 3) [CRLAS-59/2023]

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.

(MADAN GOPAL VYAS),J 108-neha/-

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