Allowed

Alsisingh @ Sawaisingh v. State

Rajasthan HC6 May 2019SOSA/232/2019

Case brief

AI extract

What is this about?

The High Court allowed the appellant's application under Section 389 Cr.P.C. to suspend sentences after conviction under the NDPS Act. The court found the appellant was not present in the vehicle carrying contraband, had no criminal antecedents, and had spent over 4 years in custody.

What did the court decide?

Sentences suspended till final disposal of appeal; appellant released on bail in Rs.1,00,000/- with two sureties of Rs.50,000/- each.

Alsisingh @ Sawaisingh Vs State — Narcotics (NDPS) | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. II Suspension Of Sentence Application (Appeal) No. 232/2019

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Alasi Singh @ Sawai Singh S/o Deep Singh, Aged About 43 Years, B/c Rajput, R/o Champasar, Police Thana Bhojasar, Distt Jodhpur. (Lodged Central Jail, Jodhpur)

----Petitioner

Versus

State, Through P.P.

----Respondent

For Petitioner(s) : Mr. B.R. Godara For Respondent(s) : Mr. Anil Joshi, P.P.

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HON'BLE MR. JUSTICE SANDEEP MEHTA

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Order

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06/05/2019

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` Heard learned counsel for the appellant applicant as well as learned Public Prosecutor on the second application for suspension of sentence preferred on behalf of the appellantapplicant Alasi Singh @ Sawai Singh.

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The appellant-applicant herein and co-accused Hansraj and Subhash Chandra were convicted vide judgment dated 30.01.2017 passed by learned Special Judge, NDPS Act Cases, Phalodi in Sessions Case No.36/2016. The applicant was convicted for the offence under Section 8/25 of the NDPS Act, whereas the co-accused Hansraj and Subhash Chandra were convicted for the substantive offence under Section 8/15 of the NDPS Act. After rejection of the first application for suspension of sentence filed on behalf of the appellant-applicant, the sentences awarded to these two co-accused have been suspended by the co-

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(2 of 3)

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[SOSA-232/2019]

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ordinate Bench of this court, of course while considering their custodial period. Manifestly, the appellant herein was not present in the vehicle in which the contraband poppy straw was being transported. As per the factual report submitted on record by the learned Public Prosecutor, the appellant-applicant does not have any criminal antecedents. He has remained in custody for a period of more than 4 years and 3 months. The hearing of the appeal is unlikely in the near future. Thus, this court is duly satisfied that the rigor of Section 32-A read with Section 37 of the NDPS Act is satisfied and hence, the appellant-applicant deserves to be enlarged on bail during the pendency of the appeal.

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Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by the learned Special Judge, NDPS Act Cases, Phalodi vide judgment dated 30.01.2017 in Sessions Case No.36/2016 against the appellant-applicant Alasi Singh @ Sawai Singh S/o Deep 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.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 10.06.2019 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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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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That if the applicant changes the place of residence, he will give in writing his changed

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(3 of 3)

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[SOSA-232/2019]

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address to the trial Court as well as to the counsel in the High Court.

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Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

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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.

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(SANDEEP MEHTA),J

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10-Pramod/-

Alsisingh @ Sawaisingh v. State

Case brief

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Alsisingh @ Sawaisingh v. State

Case brief

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