Allowed

Gurinder Singh @ Gyani v. State of Rajasthan

Rajasthan HC16 Oct 2023SOSA/664/2023

Case brief

AI extract

What is this about?

In an appeal against conviction, the High Court exercised suo motu powers to suspend the substantive sentence awarded to the appellant. The court granted bail subject to deposit of fine and secured sureties, fixing dates for future appearance.

What did the court decide?

Appellant released on bail pending appeal with suspension of sentence subject to strict conditions of bond, fine deposit, and periodic appearance.

Gurinder Singh @ Gyani Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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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. 664/2023

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Gurinder Singh @ Gyani S/o Sh. Balkar Singh, Aged About 27 Years, W.no. 01, Sangaria Dist. Hanumangarh. (At Present Lodged In Central Jail, Hanumangarh).

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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. Achla Ram For Respondent(s) : Mohd. Javed Gouri, PP

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HON'BLE MR. JUSTICE KULDEEP MATHUR

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Order

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16/10/2023

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Heard on application for suspension of sentence No.

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664/2023.

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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 suspension of 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.

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Learned Public Prosecutor opposed the application for suspension of sentence.

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It is accordingly ordered that the substantive sentence passed by the learned Addl. Sessions Judge, (NDPS Cases),

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(2 of 3) [SOSA-664/2023]

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Sangaria Dist. Hanumangarh in Crl. Session Case No. 10/2017 (NDPS) vide order dated 31.5.2023 against the appellantapplicant Gurvinder Singh alias Gyani S/o Sh. Balkar Singh , shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail subject to deposit 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 20.11.2023 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 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

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[SOSA-664/2023]

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(3 of 3)

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court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

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(KULDEEP MATHUR),J

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ns. 546-1/-

Gurinder Singh @ Gyani v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Gurinder Singh @ Gyani v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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