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2019 DIGILAW 3048 (RAJ)

Vishnu Bishnoi v. State

2019-12-17

SANDEEP MEHTA

body2019
JUDGMENT Sandeep Mehta, J. - Heard. Perused the material available on record. 2. Learned Public Prosecutor has chosen not to file reply to the instant application for suspension of sentences and proposes to argue the matter orally. Learned Public Prosecutor was provided time to procure the antecedent report of the appellants but he has failed to do so. However, as per the judgment under challenge, the appellants do not have any criminal antecedent. 3. The applicants-appellants have been convicted for offences under Sections 8/18 (C) of the NDPS Act by judgment dated 20.11.2019 passed by learned Special Judge, NDPS Act Cases, Sriganganagar in Sessions Case No.18/2016 and both were sentenced to undergo one year's rigorous imprisonment with fine of Rs.2,000/- each. 4. As per the prosecution case, recovery of 30 grams and 20 grams respectively of opium was effected from the personal possession of the appellants herein. 5. Having regard to the entirety of facts and circumstances as available on record, the instant application for suspension of sentences filed under Section 389 Cr.P.C. is hereby allowed and it is ordered that the sentences passed by the learned Special Judge, NDPS Cases, Sriganganagar vide judgment dated 20.11.2019 in Sessions Case No.18/2016 (CIS No.18/2016) against the appellants-applicants (1) Vishnu Bishnoi S/o Shri Vedprakash and (2) Lakhvindra Singh S/o Shri Amarjeet Singh shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail subject to the condition that they shall furnish personal bond in the sum of Rs.50,000/- each with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance in this court on 17.01.2020 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 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. 3. Similarly, if the sureties change their address(s), 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-applicant(s) in a separate file. Such file be registered as Criminal Misc. 3. Similarly, if the sureties change their address(s), 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-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.