Research › Search › Judgment

Rajasthan High Court · body

2015 DIGILAW 93 (RAJ)

Yashpal Singh v. C. B. N.

2015-01-12

P.K.LOHRA

body2015
JUDGMENT 1. - Heard learned counsel for the accused-petitioner and learned Special Public Prosecutor on application for suspension of sentence. 2. Accused-petitioner has filed this second bail application for suspension of sentence under Section 389 Cr.P.C. In the application, it is inter alia averred by the petitioner that the edifice of the conviction recorded by the learned trial Court is confessional statement of the accused under Section 67 of the NDPS Act, which is a contentious issue as the requisite conditions were not satisfied. Mr. Bishnoi further submits that sentence of main accused, Shankar Lal has already been suspended by this Court by order dated 19.12.2013. One more ground, which is urged by learned counsel is that the petitioner is behind the bars since 24.09.2013 and earlier also he remained behind the bars for almost one year. 3. Learned Special Public Prosecutor has opposed the prayer and submits that in view of confessional statement of the accused, it is not a fit case wherein powers under Section 389 is invoked for suspension of sentence. 4. Having considered the submissions made at bar, in my opinion, as such there was no recovery from the accused petitioner and more over recovery of opium was just a few grams more than commercial quantity, therefore I feel persuaded to accept this second application for suspension of sentence of the accused-petitioner subject to his depositing the fine. 5. Accordingly, the secoond bail 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, N.D.P.S., Chittorgarh vide judgment dated 24.09.2013 in Sessions Case No.13/2007 against the accused petitioner Yashpal Singh S/o Kalu 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. 50,000/- with two sureties of Rs. 25,000/- each to the satisfaction of the learned trial court for his appearance before this court on 12.02.2015 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. That he will appear before the trial Court in the month of January of every year till the appeal is decided. 2. 25,000/- each to the satisfaction of the learned trial court for his appearance before this court on 12.02.2015 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. That he will appear before the trial Court in the month of January of every year till the appeal is decided. 2. That if the applicant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court. 3. Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court. 6. The learned trial Court shall keep the record of attendance of the accused-petitioner in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-petitioner was 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 petitioner does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.Application allowed. *******