Rajasthan High Court - Jodhpur
Angrez Singh vs State Of Rajasthan (2025:Rj-Jd:1612) on 9 January, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:1612]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Temporary Suspension Of Sentence
Application (Appeal) No. 69/2025
Angrez Singh S/o Diwan Singh Raisikh, Aged About 28 Years,
R/o Village Pakki (4-B Babdi), Police Station Hindumalkot, Tehsil
and District Sri Ganganagar.
(Presently Lodged At District Jail Shri Ganganagar)
----Applicant
Versus
State Of Rajasthan, Through PP
----Respondent
For Applicant(s) : Mr. Kaushal Gautam
For Respondent(s) : Mr. N.S. Chandawat, Dy.GA
HON'BLE MR. JUSTICE FARJAND ALI
Order
09/01/2025
1. The instant application for suspension of sentence
temporarily has been moved on behalf of the applicant-appellant
in the matter of judgment dated 08.10.2024 passed by the
learned Special Judge, NDPS Act Cases, Sri Ganganagar
(hereinafter to be referred as 'the trial court') in Sessions Case
No.39/2017, whereby he was convicted and sentenced to suffer
maximum rigorous imprisonment of 10 years under Section 8/22
of NDPS Act.
2. Learned counsel for the applicant-appellant submits that the
mother of the applicant-appellant expired on 24.12.2024 and his
presence is essential to perform the customary rituals on her
cremation ceremonies; however, he can not perform his duties
[2025:RJ-JD:1612] (2 of 3) [SOSA-69/2025]
because of his incarceration in the instant case. Therefore, it is
prayed that his sentence may kindly be suspended temporarily.
3. It is contended on behalf of the applicant-appellant 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 being the first appellate Court. The
hearing of the appeal is likely to take long time, therefore, the
application for temporary suspension of sentence may be granted.
4. Per contra, learned Dy.G.A. has vehemently opposed the
prayer made on behalf of the accused applicant-appellant for
suspending his sentence temporarily.
5. Heard learned counsel for the parties and perused the
material available on record.
6. Having considered the totality of the facts and circumstances
of the case and looking to the fact that earlier the
applicant-appellant was granted bail and the hearing of appeal is
likely to take further more time, therefore, taking a humanitarian
view of the matter, I consider it just and proper to temporarily
suspend the substantive sentence awarded to the accused
applicant-appellant for a period of 20 days from the date of his
actual release.
7. In this view of the matter, the instant application for
suspension of sentence temporarily is allowed. It is ordered that
the substantive sentence awarded by the learned trial court vide
judgment dated 08.10.2024 passed in Sessions Case No.39/2017
against applicant-appellant - Angrez Singh S/o Diwan Singh
[2025:RJ-JD:1612] (3 of 3) [SOSA-69/2025]
Raisikh shall remain temporarily suspended for the period of 20
days, 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 with the incorporation that
he would surrender before the concerned jail authority after
completion of 20 days from his actual release.
8. It is made clear that in any case the applicant-appellant shall
surrender himself before the concerned jail authority after
completion of 20 days from the date of his actual release, failing
which, the learned trial court shall report the matter to this Court.
(FARJAND ALI),J
Abhishek Kumar
S.No.393
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