The High Court suspended the sentence of the appellant in a drug trafficking case under Section 389 Cr.P.C., releasing him on bail upon execution of a personal bond and sureties, subject to appearance conditions.
Sentence suspended; Appellant released on bail on personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 28/2019
IN
S.B. Criminal Appeal No.28/2019
Gurjant Singh @ Janta S/o Jarnail Singh, Aged About 51 Years, B/c Jatsikh, R/o Maleka, Sadar P.S. Sirsa Distt. Haryana
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
| For Petitioner(s) | : Mr. B RayBishnoi |
|---|---|
| For Respondent(s) | : Mr. Gaurav Singh,PP |
HON'BLE MR. JUSTICE FARJAND ALI
Order
13/12/2022
Heard learned counsel for the appellant and learned public prosecutor on application of suspension of sentence.
Learned counsel for the appellant submits that it is the case of prosecution that on 01.05.2013, the police team of Police Station Pallu intercepted the vehicle bearing No.RJ-27-UA-4054 and apprehended four persons namely Sita Ram, Bhagwati Lal, Keshu Ram and Pappu Lal. Upon search, certain quantity of opium said to be recovered from the vehicle. It is further case of the prosecution that the said contraband was to be supplied to the present appellant. The accusation leveled against the appellant was based on the information allegedly supplied by the principal accused to the investigation team and there is no independent
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[SOSA-28/2019]
evidence to support the same. The sentences of the principal accused Sita Ram and the other co-accused persons have already been suspended by a co-ordinate Bench of this Court vide order dated 26.02.2019 in S.B. Suspension of Sentence (Appeal) No.27/2019. Therefore, learned counsel for the appellant submits that the sentence awarded to the accused-appellant may be suspended as the hearing of the appeal will take long time to conclude.
Learned Public Prosecutor vehemently oppose the prayer made by learned counsel for the accused-appellant and submits that there are 3 cases of identical nature registered against the appellant. Therefore, the application for suspension of sentence deserves to be dismissed.
Upon consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellant.
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 (Addl. Sessions Judge No.1), Nohar Distt. Hanumangarh vide judgment dated 17.12.2018 in Sessions Case No.49/2016 against the appellant-applicant Gurjant Singh @ Janta S/o Jarnail 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 13.1.2023 and whenever ordered
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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.
(FARJAND ALI),J
147-Anshul/-
1 issue framed by the court
Whether the sentence awarded in the appeal by the Special Judge and the sessions case against the appellant should be suspended.
1 provisions across 1 enactments
Gurjant Singh @ Janta S/o Jarnail Singh
State Of Rajasthan
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
