- (1.) HEARD learned counsel for the convict-appellant and learned Public Prosecutor for the State and perused the impugned order passed by the learned court below.
(2.) LEARNED Special Judge, (NDPS Act Cases), Sri Ganganagar in Sessions Case No.42/2006 (State Vs. Kala Singh & Ors.) vide judgment and order dated 17.08.2007 has convicted the accused-appellant for the offences under Section 8/25, 8/21 and 29 of N.D.P.S. Act for carrying contraband viz. 300 gms. smack, which was found during the search of Jeep No.RJ-10-C-1768, which was owned by the present accused-appellant, Hans Raj. In relation to aforesaid incident, a FIR No.47/06 was registered with the Police Station- Chunavad, District Sri Ganganagar, and sentenced him for S.B. Cri. Misc. 6th Bail (Suspension of Sentence) Application No.866/2012 10 years rigorous imprisonment with a fine of Rs.1 lacs for the offences, and in default of payment of fine, to further undergo two years rigorous imprisonment. Learned counsel for the appellant submitted that the accused appellant is appellant is in jail since his arrest on 08.04.2006 and the main accused person, namely, Kalla Singh @ Khushal Singh, has already been enlarged on bail by a coordinate bench of this Court vide order dated 04.09.2012 while deciding his bail application being SB Criminal Misc. 2nd Bail Application No.1083/2011- Kalla Singh @ Khushal Singh Vs. State. He further submited that almost 6 years and 7 months have been served by him against the sentence of 10 years rigorous imprisonment. He further submitted that decision of the appeal which is of the year 2007, may take more time, therefore, the sentence awarded to the accused-appellant may be suspended at this stage, otherwise the very purpose of filing of the appeal would be frustrated if he completes the sentence before his appeal is heard. He also submitted that contraband was not recovered from the appellant, Hansraj, but from the co-accused, Kalla Singh, who has already been enlarged on bail on 04.09.2012. Per contra, learned Public Prosecutor opposed the present sixth bail (Suspension of Sentence) application. However, he does not dispute that the co-accused, namely, Kalla Singh @ Khushal Singh has been enlarged on bail. Having heard learned counsel for the convict-appellant, S.B. Cri. Misc. 6th Bail (Suspension of Sentence) Application No.866/2012 and the learned Public Prosecutor and considering the facts and circumstances of the case, I feel it just and proper to suspend the sentence awarded to the accused-appellant, Hansraj S/o Ramswaroop @ Chatankiram at this stage since more than half of the maximum sentence he has already undergone and the hearing of the appeal may take considerable time as appeal is of the year 2007 and and presently the criminal appeals of the year 2003 are being heard by coordinate bench having that roster. Accordingly, this sixth bail application seeking suspension of sentence is allowed and it is ordered that the sentence passed by Special Judge, (NDPS Act Cases), Sri Ganganagar in Sessions Case No.42/2006 (State Vs. Kala Singh & Ors.) vide judgment and order dated 17.08.2007 against the convict-appellant Hansraj S/o Ramswaroop @ Chatankiram, by caste Chagariya, shall remain suspended till the final disposal of aforesaid criminal appeal provided he deposits amount of the fine of (Rs.1,00,000/- + 1,00,000/-) total Rs.2,00,000/- with the learned trial court within a period of 7 days from the date of his release, failing which the present bail application shall stand dismissed; and he executes a personal bond in the sum of Rs.1,00,000/- along with two sureties in the sum of Rs.50,000/- each to the satisfaction of the trial court for his appearance in this court on 29.10.2012 and whenever called upon to do so. ;