Rajasthan High Court - Jodhpur
Hardeep Singh @ Goli vs State Of Rajasthan on 5 October, 2023
Bench: Farjand Ali
[2023:RJ-JD:33006]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension of Sentence Application
No.1319/2023
IN
S.B. Criminal Appeal (Sb) No. 2158/2023
Hardeep Singh @ Goli S/o Shri Sardar Singh Rai Sikh, Aged
About 43 Years, R/o 3B Dhani Vill. Pakki Ps Hindumalkot Dist. Sri
Ganganagar Raj. Lodged In Central Jail Sri Ganganagar
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Tirupati Chandra
For Respondent(s) : Mr. Mahipal Bishnoi, P.P.
HON'BLE MR. JUSTICE FARJAND ALI
Order
05/10/2023
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
06.09.2023 passed by the learned Special Judge, NDPS Act Cases,
Sri Ganganagar in Session Case No.26/2017 (CIS No.27/2017)
whereby he was convicted and sentenced to suffer maximum
imprisonment of 04 years under Section 8/15 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
appreciated again by this court. He was on bail during trial and did
not misuse the liberty so granted to him; hearing of the appeal is
[2023:RJ-JD:33006] (2 of 3)
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.
5. Considering the submissions of learned counsel for the
parties and considering that the recovered contraband is below the
de-marketed 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 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 earned Special Judge, NDPS Act Cases, Sri
Ganganagar who passed the impugned order 06.09.2023 in
Session Case No.26/2017 (CIS No.27/2017) against the
petitioner-applicant- Hardeep Singh @ Goli S/o Shri Sardar Singh
Rai Sikh shall remain suspended till final disposal of the aforesaid
[2023:RJ-JD:33006] (3 of 3)
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.
(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
207-Samvedana/-
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