Rajasthan High Court - Jodhpur
Pappu vs State Of Rajasthan on 11 August, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 1991/2025
1. Pappu S/o Ratan Lal, Aged About 24 Years, Fatehpura,
Police Station Kotwali, District Dungarpur (Lodged In Dist.
Jail, Dungarpur)
2. Raees @ Vicky S/o Shri Maqbul, Aged About 36 Years,
Ghati Mohalla, Madar Colony, Police Station Kotwali,
District Dungarpur (Lodged In Dist. Jail, Dungarpur)
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Manoj Kumar Pareek
For Respondent(s) : Mr. Surendra Bishnoi, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
11/08/2025
IN S.B. Criminal Appeal (SB) No. 1991/2025:-
1. Admit.
2. Call for the record.
IN S.B. Criminal Misc. Suspension of Sentence Application
No.1507/2025:-
1. Heard learned counsel for the appellants-applicants as well
as learned Public Prosecutor and perused the material available on
record.
2. Learned counsel for the appellants-applicants submits that
the appellants-applicants have been convicted for the offences
under Sections 8/21, 8/29 of the NDPC & Section 4/25 of Arms
Act. Learned counsel for the appellants-applicants submits that
the case in hand is a case where the small quantity of smack has
been recovered from the appellants-applicants, being 5.00 grams
each. He further submits that the punishment imposed is one year
of rigorous imprisonment. He further submits that there is no
(2 of 3) [CRLAS-1991/2025]
chance of hearing of the appeal in near future. He also submits
that there has been non-compliance of the provisions of Section
50 of the Act of 1985. He thus, submits that the appellants-
applicants are entitled for suspension of sentence. He further
submits that there are no criminal antecedents attributable to the
appellants. In these circumstances, it is prayed that the
appellants-applicants may be released on bail.
3. Learned Public Prosecutor opposes the application for
suspension of sentence and submits that the recoveries is fully
established, and therefore, the application in question deserves
dismissed.
4. Upon consideration of the arguments advanced on behalf of
both the sides and having perused the impugned judgment, as
also considering the fact that the recovery of contraband is of a
small quantity, and also considering the arguable question raised
in the appeal regarding non-compliance of under Sections 50 & 55
of the Act of 1985, as also considering the fact that chances of
hearing of appeal is near future is bleak, this Court is of the
opinion that it is a fit case for suspending the sentence awarded to
the accused appellants-applicants.
5. Accordingly, the application for suspension of sentence filed
under Section 430 of BNSS (Old Section 389 Cr.P.C.) is allowed
and it is ordered that the sentence passed by the learned Special
Judge, NDPS Act cases, District Dungarpur, vide judgment dated
31.07.2025 in Sessions Case No.40/2019, (CIS No.40/2019)
arising out of FIR No.37/2019 at Police Station Kotwali, District
Dungarpur, against the appellants-applicants namely; (1) Pappu
S/o Ratan Lal & (2) Raees @ Vicky S/o Shri Maqbul, shall
(3 of 3) [CRLAS-1991/2025]
remain suspended till final disposal of the aforesaid appeal and
they shall be released on bail, provided each of them execute 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
their appearance in this court on 15.09.2025 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.
2. 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.
3. Similarly, if the sureties change their address(s),
they will give in writing their changed address to
the trial Court.
6. The learned trial Court shall keep the record of attendance of
the appellants-applicants in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
appellants-applicants 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 appellants-applicants do not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(SANDEEP SHAH),J
7-devrajP/-
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