Rajasthan High Court - Jodhpur
Gurjeet Singh vs State Of Rajasthan on 2 November, 2023
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension of Sentence Application
No.1441/2023
IN
S.B. Criminal Appeal (SB) No. 2341/2023
Gurjeet Singh S/o Ram Singh, Aged About 35 Years, R/o PS -
Odhan Dist. Sirsa, Hariyana. (Presently Lodged At Jail Nohar)
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Vinod Kumar Sihag
For Respondent(s) : Mr. Abhishek Purohit, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
02/11/2023
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment
dated 19.09.2023 passed by the learned Special Judge, NDPS
Act Cases, (Additional Sessions Judge, No.1), Nohar, District -
Hanumangarh in Special Sessions Case No.46/2016 whereby
the appellant was convicted and sentenced to suffer maximum
punishment of seven years rigorous imprisonment along with
compensation fine of Rs.50,000/- under Sections 8/15 as well
as Section 25 of the NDPS Act.
2. It is contended on behalf of the applicant 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
(2 of 3) [SOSA-1441/2023]
appreciated again by this court. Hearing of the appeal is likely
to take long time, therefore, the application for suspension of
sentence may be granted.
3. Per contra, learned Additional Government Advocate has
vehemently opposed the prayer made on behalf of the
accused-applicant for releasing the petitioner on application
for suspension of sentence.
4. Heard and perused the material available on record.
5. Considering the submissions of learned counsel for the parties
and considering that the recovered contraband is below the
demarcated commercial quantity and for that the embargo
contained under Section 32-A & 37 of NDPS Act are not
applicable. Looking to the totality of facts and circumstances
of the case, more particularly the facts/fact that the 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-
petitioner.
6. 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 Act Cases,
(Additional Sessions Judge, No.1), Nohar, District -
Hanumangarh in Special Sessions Case No.46/2016 against
(3 of 3) [SOSA-1441/2023]
the petitioner-applicant- Gurjeet Singh S/o Ram Singh 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/- each to the satisfaction of the learned trial Judge
for his appearance in this court on 02.12.2023 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.
(FARJAND ALI),J
17-Ashutosh/-
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