JAGSIR SINGH @ SEERA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this application, filed under Section 389, Cr.P.C., is for suspension of sentence of the applicant-appellant, Jagsir Singh alias Seera, who was held guilty for having committed the offence punishable under Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and ordered to undergo rigorous imprisonment for ten years, besides payment of fine of Rs. 1,00,000/- and in default thereof to undergo further rigorous imprisonment for two years.

(2.) Learned counsel contends that the applicant-appellant is neither required nor involved in any other case. He has already suffered incarceration for more than four years including one year and seven months after conviction, therefore, his case is squarely covered by the ratio of judgment delivered by Division Bench of this Court in the matter of Daler Singh v. State of Punjab, 2007 (1) R.C.R. (Criminal) 316. Learned counsel for the State on the strength of the affidavit of the Deputy Superintendent, Modern Central Jail, Faridkot, of even date, very fairly concedes that the case of the applicant is squarely covered by the ratio of the judgment delivered by Division Bench of this Court in the matter of Daler Singh (supra).

(3.) In view of the totality of the facts and circumstance of the case, the application is allowed. The remaining substantive sentence of the applicant-appellant, Jagsir Singh alias Seera, son of Darshan Singh, son of Karam Singh, resident of village Badni Kalan, Tehsil Nihal Singh Wala, District Moga, is ordered to be suspended during pendency of the present appeal subject to his furnishing bond in the sum of Rs. 2,00,000/- with one surety in the like amount to the satisfaction of learned Chief Judicial Magistrate/ Duty Magistrate, Moga.