BHAGWAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Applicant-appellant has preferred this application for suspension of sentence under Sec. 389 Crimial P.C., 1973 in Criminal Appeal No.292/2017. By the aforesaid Criminal Appeal, applicant-appellant has questioned his conviction for offence under Sec. 8/18 of the NDPS Act as well as Sec. 8/25 of the NDPS Act. Learned trial Court, by the impugned judgment, has indicted the applicant for offence under Sec. 8/18 of the NDPS Act and has handed down sentence of 14 years' rigorous imprisonment with fine of Rs. 1,40,000.00 and in default of payment of fine to further undergo one year's rigorous imprisonment. Likewise, for offence under Sec. 8/25 of the NDPS Act, applicant is sentenced for 14 years' rigorous imprisonment and fine of Rs. 1,40,000.00 and in default of payment of fine to further undergo of rigorous imprisonment of one year. Learned trial Court has ordered both the sentences to run concurrently. It is argued by learned counsel for the applicant-appellant that during trial appellant was in custody and by this time he has already undergone sentence for more than six years and eight months. It is also submitted by learned counsel that final adjudication of the appeal is likely to take considerable time. Learned counsel has also contended that besides the present case there is no other criminal antecedent of the applicant-appellant. With all these arguments, learned counsel submits that the sentence handed down by learned trial Court for both the offences may be suspended. Learned Public Prosecutor has opposed the application for suspension of sentence. Having regard to the facts and circumstances of the case and considering a very vital fact that appellant has already undergone sentence for more than six years and eight months, I deem it just and appropriate to suspend the sentence awarded by learned trial Court. Accordingly, the application for suspension of sentence filed under Sec. 389 Cr.P.C., 1973 is allowed and it is ordered that the sentences passed by learned Special Judge, NDPS Cases No.2, Chittorgarh, vide judgment dated 07.02.2017, in Sessions Case No.119/2014 (91/2011) against appellant-applicant, Bhagwat Singh S/o Pratap Singh, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail subject to the condition that he deposits Rs. 1,25,000.00within four weeks and upon his furnishing a personal bond in the sum of Rs. 1,00,000.00 with two surety bonds of Rs. 50,000.00 each to the satisfaction of learned trial Judge for appearance in this Court on 22.02.2018 and whenever ordered to do so till disposal of the appeal, on the conditions indicated below:-

(2.) That if the applicant change the place of residence, he will give in writing his changed addresses 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.