Allowed

Balkaran Singh v. State of Rajasthan

Rajasthan HC17 Nov 2023SOSA/160/2023

Case brief

AI extract

What is this about?

Held that the appellant, in custody for over eight years with a lengthy pending appeal, is a fit case for suspension of sentence under Section 389 Cr.P.C. Bail is granted subject to conditions including 50% fine deposit and personal bond.

What did the court decide?

Suspension of substantive sentence allowed; appellant released on bail subject to depositing 50% of fine and providing personal bond with two sureties.

Balkaran Singh Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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[2023:RJ-JD:39417]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 160/2023

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Balkaran Singh S/o Sh. Mehanga Singh, Aged About 44 Years, By Caste Jaisikh, R/o Senpal Kotha, Ps Rania, District Sirsar Haryana. (At Present Lodged In Central Jail Udaipur).

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----Petitioner

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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. Bhawani Singh For Respondent(s) : Mr. Mukesh Trivedi, PP

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HON'BLE MR. JUSTICE MANOJ KUMAR GARG

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Order

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17/11/2023

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Heard learned counsel for the appellant and learned Public Prosecutor. Perused the record.

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Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case including the facts that the appellant is in custody for more than eight years and hearing of the appeal will take sufficient long time, this Court is of the opinion that it is a fit case for suspending the substantive sentence awarded to the accused appellant.

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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 substantive sentence passed by learned Special Judge, NDPS Cases No.2, Chittorgarh, vide judgment dated 01.11.2029 in Sessions Case No.47/2017 (20/2016) against the applicant

[2023:RJ-JD:39417]

[SOSA-160/2023]

(2 of 2)

Balkaran Singh S/o Sh. Mehanga Singh, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail subject to depositing 50% of the fine amount as imposed by the learned trial Court, 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 20.12.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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

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Appellant shall deposit 50% of the fine amount as imposed by the learned 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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(MANOJ KUMAR GARG),J

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165-MS/-

Balkaran Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Balkaran Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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