Jasveer Singh @ Jassi S/o Shri Gurmail Singh v. Enforcement Directorate (Excise), Nimbahera Circle, Chittorgarh Through Spl. Public Prosecutor
2017-12-12
MANOJ KUMAR GARG
body2017
DigiLaw.ai
ORDER : MANOJ KUMAR GARG, J. Heard learned counsel for the appellant and learned Public Prosecutor on application for suspension of sentence. 2. Learned counsel for the accused-appellant submits that the recovered articles are below commercial quantity. Rhe accused-appellant was on bail during trial and the appeal will take sufficient long time for disposal, therefore, the sentence awarded by the learned trial court may be suspended and the accused-appellant may be released on bail. 3. Learned Public Prosecutor has opposed the application for suspension of sentence. 4. Upon a 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 sentences awarded to the accused appellant. 5. 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 Cases No. 1, Chittorgarh, vide judgment dated 23.11.2017 in Sessions Case No. 21/2009 against the appellant-applicant Jasveer Singh @ Jassi S/o Shri Gurmail Singh shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he execute 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 10.01.2018 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:— 1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided. 2. That if the applicants 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. 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-applicants in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicants was/were tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc.
6. The learned trial Court shall keep the record of attendance of the accused-applicants in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicants 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 applicants does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.