The High Court of Rajasthan allowed the second suspension of sentence application for one appellant without criminal antecedents and dismissed it for the other with an antecedent, differing in treatment of bail.
Second application for suspension of sentence allowed for Gurpreet Singh and dismissed for Sukh Preet Singh.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Second Suspension Of Sentence(Appeal) No. 908/2018
----Petitioners Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Sunil Vishnoi For Respondent(s) : Mr.R.R. Chhaparwal, PP
HON'BLE MR. JUSTICE SANDEEP MEHTA
Judgment / Order
05/04/2019
The instant second application for suspensions of sentences has been filed on behalf of the accused-applicants Sukh Preet Singh and Gurpreet Singh on the ground that they have suffered more then five years incarceration and the appeal is not being heard.
Learned Public Prosecutor has submitted the factual report forwarded by SHO Police Station Tibbi, District Hanumangarh which indicates that apart from the case at hand, the accused-applicant Gurpreet Singh has no criminal antecedents.
However, as per the report, the applicant Sukh Preet Singh @ Kala has three cases registered against him including the one at hand. In addition to the present case, one more case under the
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[SOSA-908/2018]
NDPS Act was registered against the accused applicant Sukh Preet Singh at Punjab wherein he has been convicted and sentenced to fifteen years’ RI.
On going through the record, it is clear that the first application for suspension of sentences filed on behalf of the accused applicants was rejected on 25.07.2017 whereafter the matter has not been taken up for hearing.
Having regarding to the criminal antecedents of the accused applicant Sukh Preet Singh, I am not inclined to grant indulgence of bail to him during the pendency of the appeal. Accordingly, the instant second application for suspension of sentences filed on behalf of accused applicant Sukh Preet Singh @ Kala S/o Shri Banta Singh is dismissed.
So far as accused applicant Gurpreet Singh S/o Shri Banta Singh is concerned, having regard to the facts and circumstances of the case and considering the prolonged custody period suffered by him and the fact that he does not have any other criminal antecedent apart from the case at hand, without expressing any opinion on the merits of the case; I feel inclined to accept the instant application for suspension of sentence filed on his behalf.
Accordingly, the instant second application for suspension of sentence filed on behalf of accused-applicant Gurpreet Singh S/o Shri Banta Singh under Section 389 Cr.P.C. is allowed and it is ordered that the substantive sentences of imprisonment passed by the learned Special Judge, NDPS Cases, Hanumangarh vide judgment dated 11.03.2016 in Sessions Case No.09/2014 against the appellant-applicant Gurpreet Singh S/o Banta Singh shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail subject to the condition that he shall
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[SOSA-908/2018]
deposit whole of the amount of fine imposed upon him by the trial court; and that he shall furnish 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 06.05.2019 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was/were 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(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(SANDEEP MEHTA),J
Sudhir Asopa
4-1/-
2 issues framed by the court
Whether to allow the second application for suspension of sentence considering the appellant's criminal antecedents and the delay in hearing.
Whether to grant suspension of sentence to appellants who have suffered prolonged incarceration.
1 provisions across 1 enactments
Sukh Preet Singh @ Kala
Gurpreet Singh
State
Sandeep Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
