Sukhdev Singh And Ors vs State

In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

Heard learned counsel for the parties and perused the record.

The role of Sukhdev Singh is that he was caught with the contraband in question on 14.08.2018 on a motorcycle. The Motorcycle which was in possession of Sukhdev Singh was owned by Suresh and Sukhdev Singh in his statement alleged that the contraband in question had been purchased

from Madan Lal.

S.B. Suspension of Sentence (Appeal) No. 37/2021

Learned counsel for the appellant Sukhdev Singh submitted that Sukhdev Singh has been wrongly implicated because the prosecution could not establish the connection between the contraband, the motor cycle and Sukhdev Singh and also whether Sukhdev Singh had the knowledge of the contraband being in this possession.

S.B. Suspension of Sentence (Appeal) No. 735/2020

Learned counsel for the appellant Suresh submits that Suresh has been wrongly implicated as his ownership on the motorcycle has not been proved and the only proof available is documents Ex.22 and 23 which are doubtful because the transport authority does not speak of registration and the bill of the shop has overwriting. Any knowledge or intention of Suresh is also doubted as per the learned counsel for the appellant.

S.B. Suspension of Sentence (Appeal) No. 787/2020

Learned counsel for the appellant Madan Lal submits that for the possession of contraband with Madan lal another case has been lodged under

N.D.P.S. Act but this case against Madan Lal is only under Section 8/29 and it is only on the information of co-accused and there is no independent

corroborative evidence.

Learned counsel for the appellants submit that appellants Suresh and Madan Lal are in custody since 26.11.2018.

Learned Public Prosecutor opposes the suspension of sentence applications but is not in a position to refute the aforesaid factum submitted by the learned counsel for the appellants Suresh and Madan Lal.

This Court on careful examination of the record finds that appellant Sukhdev Singh was arrested with the contraband whereas Suresh was only connected with the motorcycle which was being driven by Sukhdev Singh and Madan Lal has been connected with the offence at the instance of co-

accused Sukhdev Singh.

Thus, at this stage without commenting anything on merits application for suspension of sentence of Sukhdev Singh is dismissed.

Having considered the totality of facts and circumstances of the case, this Court considers it just and proper to suspend the substantive sentence awarded to the accused applicants- appellants Suresh and Madan Lal.

Accordingly, S.B. Suspension of Sentence (Appeal) No.37/2021 filed on behalf of appellant Sukhdev Singh is dismissed.

S.B. Suspension of Sentence (Appeal) No.735/2020 and 787/2020 filed under Sec.389 Cr.P.C. on behalf of the appellants Suresh and Madan Lal respectively are allowed and it is ordered that the substantive sentence passed by the trial court vide judgment dated 21.08.2020 against applicants-

appellants (1) Suresh S/o Pappi Singh, and (2) Madan Lal S/o Sh. Prahlad Ram shall remain suspended till final disposal of the aforesaid appeal,

provided each of them execute a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial

Judge for their appearance in this court on 15.03.2021 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-

That they will appear before the trial Court in the month of January of every year till the appeal is decided.

That if the appellants changes the place of residence, they will give in writing their changed address to the trial Court as well as to the counsel in the

High Court.

Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court.

The learned trial Court shall keep the record of attendance of the accused-appellants in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-appellants were tried and convicted. A copy of this order shall also be placed in that file for ready

reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. In case the said accused-appellants do not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of

bail.