Gurinder Singh @ Gyani vs State Of Rajasthan

Kuldeep Mathur, J

By way of filing present application under Section 482 Cr.P.C. appellant has prayed for modification of the order dated 16.10.2023.

Learned counsel for the petitioner submitted that this Court vide order dated 16.10.2023 was pleased to suspend the substantive sentence passed against petitioner by the Court of learned Additional Sessions Judge, (N.D.P.S. Cases), Sangaria, District Hanumangarh in Criminal Sessions Case No.10/2017 (N.D.P.S.) vide order dated 31.05.2023.

Learned counsel submitted that while suspending the substantive sentence passed against the present appellant, this Court has imposed condition that the petitioner shall be released on bail subject to his depositing the fine amount as imposed by the learned Trial Court.

Learned counsel submitted that the petitioner is not in position to deposit the fine amount of Rs.2,00,000/- and therefore, the condition imposed by this Court against him of depositing fine amount may be waived and the petitioner may be allowed to be released on bail subject to his executing a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/-each to the satisfaction of learned Trial Judge for his appearance before this Court on 20.11.2023 and whenever ordered to do so till the disposal of the appeal on conditions indicated in the order dated 16.10.2023.

Heard.

Having considered the facts and circumstances of the case, this Court deems it just and proper to modify the order dated 16.10.2023 and it is ordered that the substantive sentence passed by the learned Additional Sessions Judge, (N.D.P.S. Cases), Sangaria, District Hanumangarh in Criminal Sessions Case No.10/2017 (N.D.P.S.) vide order dated 31.05.2023 against appellant/applicant- Gurvinder Singh @ Gyani S/o Sh. Balkar Singh shall remain suspended till final disposal of the appeal and he shall be released on bail provided he executes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned Trial Judge for his appearance before this Court on 20.11.2023 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

“1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

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

Appellant shall deposit the fine amount as imposed by the learned trial Court.”

With the aforesaid direction, the present application filed by the appellant-applicant under Section 482 Cr.P.C. is disposed of.