Allowed

Gurjant Singh @ Janta v. State of Rajasthan

Rajasthan HC4 Aug 2021SOSA/719/2019

Case brief

AI extract

What is this about?

The High Court at Jodhpur allowed the suspension of the sentence awarded to the appellant convicted under the NDPS Act. The Court granted the suspension on the condition that the appellant execute a personal bond with two sureties, adhere to residence reporting, and appear before the trial court annually.

What did the court decide?

Suspension of the sentence awarded by the Special Judge, Churu is allowed, subject to execution of a personal bond with sureties and compliance with conditions of annual appearance and reporting chang

Gurjant Singh @ Janta Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2021)

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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. 719/2019

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Gurjant Singh @ Janta S/o Sh. Mukand Singh, Aged About 35 Years, B/c Majahabi Sikh , R/o Village Bhadarkhera , P.s. Sadar , Abohar , Distt. Fazilka (Punjab) (At Present Lodged At Central Jail, Churu)

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----Appellant

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Himmat Jagga For Respondent(s) : Mr. S.K. Bhati, PP

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Judgment / Order

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04/08/2021

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Heard learned counsel for the parties and perused the impugned judgment.

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Learned counsel for the appellant has submitted that the Special Judge (NDPS Cases) & Addl. Sessions Judge, Ratangarh, Distt. Churu vide judgment dated 24.6.2017 has convicted the appellant for the offence punishable under Section 8/15 of the NDPS Act and sentenced him for ten years’ rigorous imprisonment along with a fine of Rs.1,00,000/-. Learned counsel for the appellant has further submitted that the appellant was arrested on

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(2 of 3)

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5.2.2012 and since then he is in custody, as such, he has already undergone 9½ years of his sentence out of ten years. It is also submitted that since there is no possibility of hearing of the appeal in near future, the sentence of the appellant may be suspended.

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Per contra, learned Public Prosecutor has opposed the application for suspension of sentence.

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Having considered the overall facts and circumstances of the case and keeping in view the fact that the appellant has already undergone 9½ years of sentence out of ten years, this Court is inclined to suspend the sentence awarded to the appellant.

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Accordingly, this second application for suspension of sentence is allowed and it is directed that the sentence awarded to appellant – Gurjant Singh @ Janta S/o Sh. Mukand Singh by the Special Judge (NDPS Cases) & Addl. Sessions Judge, Ratangarh, Distt. Churu vide judgment dated 24.6.2017 (Sessions Case No.1/2012) shall remain suspended till final disposal of the appeal provided he/she/they execute(s) a personal bond in the sum of Rs.50,000/- along with two sound and solvent sureties in the sum of Rs.25,000/- each to the satisfaction of the trial court for his/her/their appearance before this Court

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(3 of 3)

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on 20.9.2021 and whenever called upon to do so till the

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disposal of the appeal on the conditions inidcated below:-

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(1) That he/she/they will appear before the trial court in the month of January of every year till the appeal is decided.

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(2) That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial court as well as to the counsel in the High Court.

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

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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.

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(VIJAY BISHNOI),J

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ms rathore

Gurjant Singh @ Janta v. State of Rajasthan

Case brief

What is this about?

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Gurjant Singh @ Janta v. State of Rajasthan

Case brief

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