RAVINDERPAL SINGH @ RAVI Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) The present application(s) have been filed for the grant of the benefit of suspension of sentence to convict(s), namely, Ravinderpal Singh @ Ravi in CRA-D-642-2024, appellant No.2-Harcharan Singh in CRA-D-660-2024 and Jagdev Singh @ Sonu in CRA-D-829-2024 in respect of the FIR No.05 dtd. 30/5/2019 registered under Sec. 25 of the Arms Act, 1959 and Ss. 17, 18, 18-B and 20 of Unlawful Activities (Prevention) Act, 1967 and Ss. 3, 4 and 5 of Explosive Substances Act registered at Police Station NIA, HQ, Delhi, wherein by the competent Court of law vide its judgment dtd. 27/3/2024, the applicant-appellant(s) have been held guilty of the said allegations and vide order dtd. 28/3/2024 have been directed to undergo rigorous imprisonment for life vide order dtd. 28/3/2024.

(2.) Learned Senior Counsel for the applicant-appellant submits that the allegations against the applicant(s) is based upon the circumstantial evidence coupled with the fact that the appeal has already been filed pointing out the discrepancy in appreciating the evidence by the trial Court so as to accept the same and as of now custody of more than 06 years and 09 months, has already been undergone by the convicts and the appeals being of 2024, it is not likely that the same to be heard in the near future. Therefore, the benefit of suspension of sentence may kindly be granted.

(3.) Learned counsel for the applicant(s) further argued that apart from the disclosure statement, there is no other material to connect the applicants with the allegations so as to convict them and the material so recovered is being presumed to be for a particular purpose and the said purpose has not been corroborated with the evidence so collected. Learned counsel further submits that the arguable issue is raised in the present appeals with regard to the admissibility of the evidence and the nature of the evidence, which has been taken into consideration by the trial Court, so as to prove the allegations and to convict the present applicant- appellant(s).