MANDEEP SINGH ALIAS DEEPA Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2012-7-32
HIGH COURT OF RAJASTHAN
Decided on July 13,2012

MANDEEP SINGH ALIAS DEEPA Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

- (1.)HEARD learned counsel for the applicant-appellant as well as learned Public Prosecutor on the application filed under Sec.389 Cr.P.C for suspension of sentence. I have perused the order impugned and the material available on record.
(2.)LEARNED counsel for the applicant-appellant submits that the sentence awarded to co-accused-Harpal Singh son of Mahendra Singh has already been suspended by this Court vide order dated 05.07.2012 and the case of the present applicant- appellant is not distinguishable from that of co-accused-Harpal Singh. He therefore, prays that the sentence awarded to the present applicant-appellant may be suspended.
Learned Public Prosecutor opposes this application seeking suspension of sentence, however, submits that the case of the present applicant-Mandeep Singh alias Deepa is not distinguishable from that of co-accused-Harpal Singh.

I have considered the submissions advanced by learned counsel for the parties and perused the order impugned. Looking to the relevant facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to suspend the sentence awarded to the accused-appellant.

Accordingly, the application for suspension of sentence filed by the applicant-appellant under sec.389 CrPC is allowed and it is ordered that the sentence awarded by learned Special Judge, NDPS Cases, Hanumangarh vide judgment dated 22.3.2012 in Sessions Case No.19/2008 against the accused- appellant Mandeep Singh alias Deepa son of Harjindra Singh shall remain suspended till final disposal of the aforesaid appeal provided he furnishes two sureties of Rs.2 lakh each and a personal bond of the same amount to the satisfaction of the learned trial court to the effect that he shall appear before this Court on 06.08.2012 and as and when called upon to do so. The trial court shall ensure that the sureties are from local areas within the jurisdiction of the court.

The applicant-appellant is directed to report to the concerned police station on every second Monday of each month. In case he fails to observe this condition, then the State shall be freee to move an application for cancellation of bail.



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