Rajasthan High Court - Jodhpur
Ramesh vs State Of Rajasthan (2025:Rj-Jd:20494) on 28 April, 2025
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2025:RJ-JD:20494]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 376/2025
Ramesh S/o Shri Bhallaram, Aged About 41 Years, Sarano Ki
Dhani, Guda Bishnoiyan, Distt. Jodhpur.
(Lodged In Central Jail Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Sanjay Bishnoi
For Respondent(s) : Mr. Shreeram Choudhary, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Judgment
28/04/2025
Heard learned counsel for the parties and perused the
material available on record.
Learned counsel for the appellant submits that no recovery
of contraband has been made from the possession of the appellant
and he has been implicated with the aid of Section 29 of the NDPS
Act. Counsel further submits that the appellant was on bail during
the trial and hearing of the appeal will take sufficiently long time,
therefore, the sentence of the appellant may be suspended.
Learned Public Prosecutor opposed the prayer for suspension
of sentence.
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case including the facts that no recovery of contraband was
[2025:RJ-JD:20494] (2 of 3) [SOSA-376/2025]
made from his possession and the appellant was on bail during the
trial and also that hearing of the appeal is likely to take time,
therefore, this court is of the opinion that it is a fit case for
suspending the sentence awarded to the accused appellant.
Accordingly, the application for suspension of sentence filed
under Section 430 BNSS (Section 389 Cr.P.C.) is allowed and it is
ordered that the sentence passed by learned Special Judge, NDPS
Act Cases, District Sirohi vide judgment dated 31.01.2025 in
Special Case No.17/2018 against the appellant-applicant -
Ramesh S/o Shri Bhallaram shall remain suspended till final
disposal of the aforesaid appeal provided he executes a personal
bond in the sum of Rs.2,00,000/- with two sureties of
Rs.1,00,000/- each to the satisfaction of the learned trial Judge
for his appearance in this court on 28.05.2025 and whenever
ordered to do so till the disposal of the appeal on the conditions
indicated below:-
1. That he will appear before the trial Court in the month
of January of every year till the appeal is decided.
2. That if the applicant 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.
3. 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-applicant in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicant 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
[2025:RJ-JD:20494] (3 of 3) [SOSA-376/2025]
pendency and disposal of cases in the trial court. In case the said
accused applicant do not appear before the trial court, the learned
trial Judge shall report the matter to the High Court for
cancellation of bail.
(MANOJ KUMAR GARG),J
74-mSingh/-
Powered by TCPDF (www.tcpdf.org)
