[Cites 3, Cited by 0]
Rajasthan High Court - Jodhpur
Amarjeet Singh vs State Of Rajasthan on 1 December, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2697/2025
1. Amarjeet Singh S/o Sh Dalip Singh, Aged About 32 Years,
R/o Silwala Kallan, Police Station Talwara Jheel, Tehsil
Tibbi, District Hanumangarh. (Appellant/ Accused In
Presently Lodged At Central Jail Bikaner)
2. Baljinder Singh S/o Sahab Singh, Aged About 33 Years,
R/o Ward No. 1, Talwara Jheel, Tehsil Tibbi District
Hanumangarh. (Appellant/ Accused In Presently Lodged
At Central Jail Bikaner)
----Appellants
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Kamaldeep Singh Baparai
For Respondent(s) : Mr. Sriram Choudhary, PP
HON'BLE MR. JUSTICE SUNIL BENIWAL
Order
01/12/2025
[S.B. Criminal Appeal (SB) No. 2697/2025]
Admit.
Issue notice.
Call for the record.
S.B. Criminal Misc. Suspension of Sentence Application
No.2266/2025:-
1. The instant application for suspension of sentence has been
moved on behalf of the applicants-appellants in the matter of
judgment dated 20.11.2025 passed by the learned Special judge,
NDPS Cases, Hanumangarh in Sessions Case No.61/2019 whereby
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they were convicted and sentenced to undergo a punishment of 6
months' R.I. with fine of Rs.4,000/- each in default of which to
further undergo 1 month's R.I. under Section 8/21 of the NDPS
Act.
2. It is contended on behalf of the applicants-appellants 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.
3. Learned counsel for the appellants-applicants, while arguing
the application for suspension of sentence, submits that the
appellants remained in judicial custody for 31 days and
subsequently they were enlarged on bail. Appellant has been
convicted for 6 months and the appeal is likely to take time to be
finally heard. On the basis of these submissions, learned counsel
submits that the appellants-applicants deserve to be enlarged on
bail by suspending the sentence awarded to them.
6. Per contra, learned Public Prosecutor has vehemently
opposed the prayer made on behalf of the accused-applicants for
suspension of sentence. It is therefore, prayed that the application
seeking suspension of sentence be dismissed.
7. Heard learned counsel for the parties and perused the
material available on record.
8. Considering the facts stated above and particularly the fact
that the appellants remained in judicial custody for 31 days and
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subsequently they were enlarged on bail so also the punishment
imposed upon the appellant and further considering that appeal is
likely to take time to be finally decided 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
accused-appellants.
9. 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 appellants-applicants- Amarjeet Singh S/o Sh
Dalip Singh and Baljinder Singh S/o Sahab Singh, shall
remain suspended till final disposal of the aforesaid appeal and
they shall be released on bail provided they 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 02.01.2026 and whenever ordered to
do so till the disposal of the appeal on the conditions indicated
below:-
(i). That they will appear before the trial Court in the
month of January of every year till the appeal is
decided.
(ii). That if the applicants-appellants change 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.
(iii). Similarly, if the sureties change their addresses, they
will give in writing their changed address to the trial
Court.
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10. The learned trial Court shall keep the record of attendance of
the accused-applicants in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
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
accused applicant 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
9-ajayS/-
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