Allowed

Anandsingh v. Union of India

Rajasthan HC13 Sept 2021SOSA/87/2021

Case brief

AI extract

What is this about?

The High Court at Jodhpur granted suspension of sentence for three appellants convicted under NDPS Act. Considering completed custody and legal precedents, the court stayed stringent terms pending appeal disposal while securing personal bonds and sureties.

What did the court decide?

Sentence suspended pending appeal disposal with execution of personal bond of ₹1,00,000 and two sureties of ₹50,000 each; appearance required annually.

Anandsingh Vs Union of India — Writ and Judicial Review | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc Second Suspension Of Sentence

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Application (Appeal) No. 1262/2018

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Gani Khan S/o Sh. Mangal Khan, Aged About 62 Years, B/c Musalman, R/o Near Madrasa H.no. 2/69 Pokaran Ps- Pokaran Dist. Jaisalmer. (At Present Lodged In Central Jail Jodhpur)

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----Petitioner

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Versus

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Uoi, Through Spl. Pp, Ncb Jodhpur.

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----Respondent

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Connected With

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 87/2021

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Anandsingh S/o Ratansingh, Aged About 41 Years, Behind Government Hospital, House No. 8/218, Pokran, Police Thana Pokran, District Jaisalmer. (At Present Lodged In Central Jail Jodhpur).

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----Petitioner

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Versus

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Union Of India, Through Pp Ncb

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----Respondent

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 109/2021

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Ramrakh Ram Bishnoi S/o Hardas Ram, Aged About 62 Years, By Caste Bishnoi, R/o Village Dholiya, Police Station Pokran, District Jaisalmer. (Presently Lodged At Central Jail Jodhpur).

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----Petitioner

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Versus

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N.c.b. Jodhpur, Through P.p.

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----Respondent

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For Petitioner(s)	:	Mr. RS Gill
		Mr. ML Bishnoi & Mr. Nishant Bora
For Respondent(s)	:	Mr. MR Pareek,Special PP,for NCB

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(2 of 4)

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[SOSA-1262/2018]

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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13/09/2021

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In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

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Heard learned counsel for the parties on the application seeking suspension of sentence.

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Counsel for the appellant(s) submits that the sentence of Surje Khan Sujia has already been suspended by this Court vide order dated 21.01.2021 passed S.B. Criminal Misc. Second Suspension of Sentence Application (Appeal) No.543/2019.

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Counsel for the appellant(s) has further shown order dated 09.11.2020 passed in the matter of Gopalnath Vs. State of Rajasthan S.B. Criminal Misc. Third Suspension of Sentence Application (Appeal) No.1159/2018.

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Counsel for the appellant(s) submits that the appellants have already undergone sentence of 11 years, 04 months & 14 days as on 03.08.2021, out of total 20 years rigorous imprisonment. Counsel for the appellant further submits that there is likelihood of the appeal being heard at an early date, thus, prayed to suspend the sentence.

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Counsel for the appellants has shown the following judgments passed by this Court :-

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Kamlesh @ Komal Garg Vs. State of Rajasthan;

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(S.B. Criminal Misc. Third Suspension of Sentence

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Application (Appeal) No.467/2020, decided on 08.01.2021,

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(3 of 4)

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[SOSA-1262/2018]

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Nirmal Singh S/o Jarnel Singh Vs. State of Rajasthan; (S.B. Criminal Misc. 5th Suspension of Sentence Application (Appeal) No.816/2019, decided on 25.08.2020,

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Pawan @ Shyamlal Sharma Vs. State of Rajasthan; (S.B. Criminal Misc. Third Suspension of Sentence Application (Appeal) No.23/2021, decided on 28.01.2021 and,

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Champa Ram Vs.State of Rajasthan ; (S.B. Suspension of Sentence Application (Appeal) No.517/2018, decided on 06.07.2018.

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Counsel for the appellants have relied upon the judgment of Hon’ble Apex Court in the cases of Thana Singh Vs. Central Bureau of Narcotics reported in (2013) 2 SCC as well as Mayuresh Nandkumar Purohit Vs. Kaushik Manna & Anr. , reported in 2018 Cr. L.R. (SC) 251, in which the Hon’ble Court has released the appellant on completion of custody of 08 years in NDPS cases.

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Learned Special P.P. opposed the application.

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Having considered of the totality of facts and circumstances of the case, I consider it just and proper to suspend the substantive sentence awarded to the accused appellant.

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Accordingly, this application for suspension of sentences is allowed and it is directed that the sentences awarded to appellant/ s – (1) Gani Khan S/o Sh. Mangal Khan (2) Anandsingh S/o Ratansingh and (3) Ramrakh Ram Bishnoi S/o Hardas Ram, by the learned Special Judge, NDPS Act Cases, Jodhpur vide judgment dated 10.08.2015 in Sessions Case No.119/2010 shall remain suspended till final disposal of aforesaid appeal provided each of them executes a personal bond for a sum of Rs.1,00,000/-

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(4 of 4)

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[SOSA-1262/2018]

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alongwith two solvent sureties in the sum of Rs.50,000/- each to the satisfaction of the learned trial court for their appearance before this Court on 27.10.2021 and whenever called upon to do so till disposal of the appeals 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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(DR.PUSHPENDRA SINGH BHATI),J

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255-257 nirmala/Sanjay-

Anandsingh v. Union of India

Case brief

What is this about?

What did the court decide?

Anandsingh v. Union of India

Case brief

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