Dhirendra Singh vs State Of Rajasthan
2023 Latest Caselaw 6957 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.1112/2023

In

S.B. Criminal Appeal (Sb) No. 1822/2023

Dhirendra Singh S/o Sh. Bheem Singh, Aged About 29 Years, R/ o Chopasni Shik Shak Colony Gali No. 7 Ps Rajiv Ghandhi Nagar Jodhpur Dist. Jodhpur Appellant/ Accused In Presently Lodged At Dist. Jail Chiittorgarh

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

----Respondent

For Appellant(s) : Mr. Bhawani Singh For Respondent(s) : Mr. S.K. Bhati, P.P.

HON'BLE MR. JUSTICE FARJAND ALI Order 06/09/2023

1. The instant application for suspension of sentence has been

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

24.07.2023 passed by the learned Special Judge, NDPS Cases

No.02, Chittorgarh in Sessions Case No.53/2017 (31/2016)

whereby he was convicted and sentenced to suffer imprisonment

of two years' rigorous imprisonment along with fines of

Rs.20,000/- each under Section 8/15 of NDPS Act as well as under

Section 8/29 of 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)

appreciated again by this court being the first appellate Court. He

further submits that the similarly situated co-accused persons

Karamveer S/o Shri Dhirendra Singh, Poonam Singh S/o Shri

Jabbar Singh and Suryaveer Singh S/o Shri Devi Singh have

already been enlarged on bail by this Court on 17.08.2023 and the

case of the present petitioner, the quality of evidence and the

nature of accusation are not distinguishable as well as the fact

that the petitioner is behind the bars since 21.07.2023. Thus, on

the ground of parity and on the ground that the hearing of the

appeal would still take a long time to conclude, therefore, the

application for suspension of sentence may be granted. The

petitioner was on bail during trial and did not misuse the liberty so

granted to him.

3. 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.

4. Heard learned counsel for the parties and perused the

material available on record.

5. Considering the submissions of learned counsel for the

parties and looking to the totality of facts and circumstances of

the case, more particularly the facts that the similarly situated co-

accused persons have already granted bail by this Court, thus, on

the ground of parity and the accused appellant is behind the bars

since 21.07.2023, 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

(3 of 3)

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.

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.02,

Chittorgarh who passed the impugned order dated 24.07.2023 in

Sessions Case No. 53/2017 (31/2016) against the appellant-

applicant- Dhirendra Singh S/o Sh. Bheem 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 06.10.2023 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 261-divya/-

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