Daljeet Singh vs State Of Rajasthan
2023 Latest Caselaw 7752 Raj

[2023:RJ-JD:32366]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension of Sentence Application No.999/2023 IN S.B. Criminal Appeal (Sb) No. 1607/2023

Daljeet Singh S/o Harbansh Singh, Aged About 32 Years, R/o Punjabi Bagh Samrala Road Gali No. 2 Khanna Ps City Khanna Dist. Ludiana Punjab (At Present Lodged In Sub Jail Rajgarh)

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

----Respondent

For Appellant(s) : Mr. Vikas Bijarnia For Respondent(s) : Mr. A.R. Choudhary, P.P.

Mr. Brish Mohan Aswal

HON'BLE MR. JUSTICE FARJAND ALI Order

03/10/2023

1. The instant application for suspension of sentence has been

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

25.07.2023 passed by the learned Special Judge, NDPS Cases

No.2, Rajgarh District Churu in Sessions Case No.03/2022

whereby he was convicted and sentenced to suffer maximum

imprisonment of 10 years under Sections 8/15 & 8/25 of the NDPS

Act.

2. It is contended on behalf of the applicant that the appellant

has not committed an offence and falsely been implicated in this

matter. The mandatory provisions of the NDPS Act case have not

been complied with. The samples have not been collected as per

the standing order and guidelines issued by the Government of

India being Standing Order No.1/1988. It is the case of the

prosecution that two gunny bags were recovered by the police

[2023:RJ-JD:32366] (2 of 4)

when the vehicle was intercepted and got checked by the police

team. Each gunny bag was having 24 and 28 small bags. But the

samples from only two bags weighing 900 gms. was taken and

thus, it cannot be presumed safely that every bag was having

contraband in it and at the same time the possibility cannot be

ruled out that only two from which samples were taken and sent

for chemical examination; were having contraband and rest of the

bags having neutral substance. The total weight of alleged

recovery is not more than 56 kgs. Thus, besides the lethal defect

in case of the prosecution there is serious anomaly and

discrepancy in between the prosecution witnesses which go to the

root of the case making the entire case highly dubious. It is

contended 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. The sentence of

the accused-petitioner has already been suspended by the trial

court. He was on bail during trial and did not misuse the liberty so

granted to him; hearing of the appeal is likely to take long time,

therefore, the application for suspension of sentence may be

granted.

3. Per contra, learned public prosecutor 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.

[2023:RJ-JD:32366] (3 of 4)

5. Considering the submissions of learned counsel for the

parties and looking to the totality of facts and circumstances of

the case, taking into account the submission that 900 grms. of

two bags samples were taken and no sample from each bag

individually were taken for chemical examination, more

particularly the facts/fact that the accused-petitioner was on bail

during the course of trial and 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 Cases No.2,

Rajgarh District Churu who passed the impugned order

25.07.2023 in Sessions Case No.03/2022 against the petitioner-

applicant- Daljeet Singh S/o Harbansh 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 03.11.2023 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.

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(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.

7. 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 9-Samvedana/-

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