Rajasthan High Court - Jodhpur
Ganpat Lal vs State Of Rajasthan (2025:Rj-Jd:52218) on 3 December, 2025
[2025:RJ-JD:52218]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1930/2025
Ganpat Lal S/o Shri Ratna Ram, Aged About 36 Years, R/o Pur,
Sanchore Police Station, District Jalore. (District Jail Jalore)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Manohar Singh
For Respondent(s) : Mr. N.S. Chandawat, PP
HON'BLE MR. JUSTICE SUNIL BENIWAL
Order 03/12/2025
1. The instant application for suspension of sentence has been moved on behalf of the applicant-appellant in the matter of judgment dated 03.10.2025 passed by the learned Special Judge, NDPS Act Cases, in Sessions Case No.11/2022, whereby he was convicted and sentenced under Section 8/15 of NDPS Act to undergo a punishment of six years' rigorous imprisonment and fine of Rs.60,000/-and in case of default of fine, three months' simple imprisonment.
2. It is contended on behalf of the applicant-appellant that the learned trial Court has not appreciated the correct, legal and factual aspects of the matter and thus, reached at an erroneous conclusion of guilt, therefore, the same is required to be appreciated again by this court being the first appellate Court.
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3. Learned counsel for the appellant-applicant, while arguing the application for suspension of sentence, submits that by the impugned order the present applicant alongwith Ram Lal were convicted. It is stated that a Co-ordinate Bench of this Court while considering the S.B. Criminal Misc. Suspension of Sentence Application (Appeal) No.430/2025, filed by Ram Lal was pleased to allow the said application on 02.04.2025. It is further contended that the role assigned in the present crime is that the present applicant was pillion rider and Ram Lal was driving the motorbike when the contraband was seized. It is further submitted that the role assigned to the present petitioner is not distinguishable vis-a- vis Ram Lal. It is further submitted that the contraband recovered was below commercial quantity and the applicant-appellant was on bail during trial. On the basis of these submissions, learned counsel submits that the applicant-appellant deserves to be enlarged on bail by suspending the sentence awarded to him.
4. Per contra, learned Public Prosecutor has vehemently opposed the prayer made on behalf of the applicant-appellant for suspension of sentence, however, admits that role assigned upon the petitioner is not distinguishable from the role assigned upon co-accused Ram Lal however, submits that Ram Lal was pillion rider and petitioner was driving the motorbike when the contraband was seized.
5. Heard learned counsel for the parties and perused the material available on record.
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6. Considering the fact that the applicant-appellant was on bail during the trial and so also considering the fact that role assigned to the present petitioner is not distinguishable from the role assigned to Ram Lal in the present case and further considering the fact that Cc-accused Ram Lal has been enlarged on bail vide aforesaid order passed by the Co-ordinate Bench; this Court is of the opinion that the appeal is likely to take some time to reach its final disposal. Considering the facts stated above and without making any observation on the merits of the case, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the applicant-appellant
7. Accordingly, the application for suspension of sentence filed under Section 430 BNSS (old section 389 Cr.P.C.) is allowed and it is ordered that the sentence passed by the learned learned trial Court against the applicant-appellant- Ganpat Lal S/o Shri Ratna Ram, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail provided he executes 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 his appearance in this court on 05.01.2026 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
(i). That he will appear before the trial Court in the month of January of every year till the appeal is decided.
(ii). That if the applicant-appellant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.
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(iii). Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.
8. The learned trial Court shall keep the record of attendance of the applicant-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the applicant-appellant was 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 applicant-appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.
(SUNIL BENIWAL),J 47-AbhishekK/-
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