[Cites 4, Cited by 0]
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.
(Uploaded on 03/12/2025 at 07:13:35 PM)
[2025:RJ-JD:52218] (2 of 4) [SOSA-1930/2025]
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.
(Uploaded on 03/12/2025 at 07:13:35 PM)
[2025:RJ-JD:52218] (3 of 4) [SOSA-1930/2025]
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.
(Uploaded on 03/12/2025 at 07:13:35 PM)
[2025:RJ-JD:52218] (4 of 4) [SOSA-1930/2025]
(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/-
(Uploaded on 03/12/2025 at 07:13:35 PM)
Powered by TCPDF (www.tcpdf.org)
