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2022 DIGILAW 1504 (RAJ)

Dharam Pal v. State

2022-05-10

PUSHPENDRA SINGH BHATI

body2022
JUDGMENT 1. In wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned. 2. Learned counsel for the appellant points out that suspension of sentence application of co-accused Angrej Singh has already been granted by a coordinate Bench of this Court passed in S.B. Criminal Misc II Suspension of Sentence Application (Appeal) No.696/2021 vide order dated 02.02.2022. The order dated 02.02.2022 reads as under :- "This second application for suspension of sentences under Section 389 CrPC has been preferred on behalf of the appellant- applicant Angrej Singh who has been convicted and sentenced for the offences under Sections 8/21, 25 & 29 of the NPDS Act vide the judgment dated 17.07.2019 passed by learned Special Judge, NDPS Cases, Sriganganagar in Sessions Case No.52/2016. He is in custody since 08.10.2016. 3. Heard learned counsel for the appellant- pplication, learned Public Prosecutor and perused the material available on record. 4. The first application for SOS submitted on behalf of the appellant was dismissed on 12.12.2019 Now, this second application for SOS has been moved by counsel Shri Bishnoi. It is submitted that the appellant has undergone more than five and half years of actual imprisonment and thus, more than half of the sentences has been served out. Shri Vishnoi places reliance on this Court's order dated 14.01.2022 passed in S.B. Criminal Misc. Second Suspension of Sentence Application (Appeal) No.441/2021 (Manish vs State of Rajasthan) whereby the sentences awarded to the said accused was suspended and on the orders passed by Hon'ble the Supreme Court in the case of Saudan Singh vs State of Uttar Pradesh (Petition for Special Leave to Appeal (Crl.) No.4633/2021 decided on 05.10.2021) and Manohar Lal Ainani vs State of Rajasthan and Anr (Petition for Special leave to Appeal (Cri) No.2893/2021 decided on 15.11.2021). Shri Bishnoi thus, urges that the petitioner deserves indulgence of bail during pendency of appeal. Learned Public Prosecutor opposed the submissions advanced by the petitioner's counsel. However, he too does not dispute the fact that the appellant has remained in custody in this case for 5 years and 4 months. He does not have any criminal antecedents. There is no possibility of early disposal of the appeal. Learned Public Prosecutor opposed the submissions advanced by the petitioner's counsel. However, he too does not dispute the fact that the appellant has remained in custody in this case for 5 years and 4 months. He does not have any criminal antecedents. There is no possibility of early disposal of the appeal. In the case of Manohar Lal (supra), the custodial period of six and a half years was considered sufficient to grant bail to the said accused. There are bleak chances of early disposal of the appeal. As a consequence, I am of the firm opinion that conditions of Section 32-A read with Section 37 of the NDPS Act are duly satisfied. 5. In this background and having regard to the overall facts and circumstances of the case, this Court is of the opinion that this is a fit case to enlarge the appellant-applicant on bail by suspending his sentences during the pendency of the appeal. 6. Accordingly, the instant second application for suspension of sentences filed under Section 389 Cr.P.C. is allowed and it is ordered that the sentences passed by learned Special Judge, NDPS Cases, Sriganganagar, vide judgment dated 17.07.2019 in Sessions Case No.52/2016 against the appellant- applicant Angrej Singh S/o Sh. Darshan Singh shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail subject to the condition that he shall furnish 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 02.03.2022 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 appellant 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. The learned trial Court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-appellant was tried and convicted. 3. Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court. The learned trial Court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-appellant 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-appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail. " 7. Learned counsel for the appellant further submits that the appellant has already undergone the custody period of five years and four months and there are no previous criminal antecedents. 8. Learned Public Prosecutor has opposed the application but is unable to point out any difference from the case of co-accused Angresh Singh and the present appellant. 9. Heard learned counsel for the parties and perused the material available on record. 10. Having considered the totality of facts and circumstances of the case, this Court considers it just and proper to suspend the substantive sentence awarded to the accused applicant-appellant. 11. Accordingly, the present S.B. Suspension of Sentence (Appeal) filed under Sec.389 Cr.P.C. is allowed and it is ordered that the substantive sentence passed by the trial court vide judgment dated 17.07.2019 in Sessions Case No.52/2016 against applicant-appellant Dharam Pal S/o Sh. Kishanlal shall remain suspended till final disposal of the aforesaid appeal, 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 Judge for his appearance in this court on 04.07.2022 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 appellant 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. 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 appellant 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. 12. The learned trial Court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- appellant 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-appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.