Lokesh vs State Of Rajasthan
2025 Latest Caselaw 4998 Raj

Citation : 2025 Latest Caselaw 4998 Raj
Judgement Date : 21 January, 2025

Rajasthan High Court - Jodhpur

Lokesh vs State Of Rajasthan on 21 January, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:3962]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                            JODHPUR
      S.B. Criminal Misc Suspension of Sentence Application
                          No.138/2025
                               IN
             S.B. Criminal Appeal (Sb) No. 138/2025

 Lokesh     S/o      Shri   Santosh,         Aged       About       31   Years,    R/o
 Ghandinagar, Dhariyawad, Police Station Dhariyawad, District
 Pratapgarh,        Rajasthan.     (Presently         Lodged        In   Central   Jail
 Udaipur)
                                                                         ----Appellant
                                       Versus
 State Of Rajasthan, Through Pp
                                                                     ----Respondent


For Appellant(s)             :     Mr. Vijay Kumar Gaur
For Respondent(s)            :     Mr. Vikram Rajpurohit, Dy.G.A.



                HON'BLE MR. JUSTICE FARJAND ALI

Order

21/01/2025

1. The instant application for suspension of sentence has been

moved on behalf of the applicant in the matter of judgment

dated 18.01.2025 passed by the learned Special Judge, NDPS

Act Cases, Pratapgarh in Special NDPS Case No.21/2021

whereby he was convicted and sentenced to suffer maximum

imprisonment of 1 year under Section 8/21 (b).

2. It is contended on behalf of the applicant that the learned

trial Judge 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. He was on bail during trial

and did not misuse the liberty so granted to him; hearing of

[2025:RJ-JD:3962] (2 of 3)

the appeal is likely to take long time, therefore, the

application for suspension of sentence may be granted.

3. Per contra, learned public prosecutor has vehemently

opposed the prayer made on behalf of the accused-applicant

for releasing the petitioner on application for suspension of

sentence.

4. Heard and perused the material available on record.

5. Considering the submissions of learned counsel for the parties

and looking to the totality of facts and circumstances of the

case, more particularly the facts/fact that the accused-

petitioner was on bail during the course of trial and the

hearing of appeal is likely to take further more time and

considering the overall submissions while refraining from

passing any comments on the niceties of the matter and the

defects of the prosecution as the same may put an adverse

effect on hearing of the appeal, this court is of the opinion

that it is a fit case for suspending the sentence awarded to

the accused-petitioner.

6. Accordingly, the application for suspension of sentence filed

under Section 389 Cr.P.C. is allowed and it is ordered that the

sentence passed by learned Special Judge, NDPS Act Cases,

Pratapgarh who passed the impugned order 18.01.2025 in

Special NDPS Case No.21/2021 against the petitioner-

applicant- Lokesh S/o Shri Santosh 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

[2025:RJ-JD:3962] (3 of 3)

the satisfaction of the learned trial Judge for his appearance

in this court on21.02.2025 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.