Birbalram vs State Of Rajasthan
2025 Latest Caselaw 5046 Raj

Citation : 2025 Latest Caselaw 5046 Raj
Judgement Date : 21 January, 2025

Rajasthan High Court - Jodhpur

Birbalram vs State Of Rajasthan on 21 January, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:3967]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
       S.B. Criminal Misc Suspension of Sentence Application
                           No.120/2025
                                   IN
                 S.B. Criminal Appeal (Sb) No. 124/2025

 Birbalram S/o Shri Manglaram, Aged About 34 Years, R/o Barudi
 Sidhaswa Chouhan, Police Station Gudamalani, District Barmer,
 Rajasthan. (At Present Lodged In District Jail Udaipur)
                                                                        ----Appellant
                                       Versus
 State Of Rajasthan, Through Pp
                                                                     ----Respondent


For Appellant(s)             :     Mr. MK Dudy
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 19.12.2024 passed by the learned Judge, Special Court

(Narcotic Drugs and Psychotropic Substances Act Cases),

Sirohi in Special Case (NDPS Matters) No.73/2018 whereby

he was convicted and sentenced to suffer maximum

imprisonment of 05 years R.I. under Section 8/15(B) of the

NDPS Act.

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. Hearing of the appeal is likely

[2025:RJ-JD:3967] (2 of 3)

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 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 earned Judge, Special Court (Narcotic

Drugs and Psychotropic Substances Act Cases), Sirohi who

passed the impugned order 19.12.2024 in Special Case

(NDPS Matters) No.73/2018 against the petitioner-applicant-

Birbalram S/o Shri Manglaram 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

[2025:RJ-JD:3967] (3 of 3)

satisfaction of the learned trial Judge for his appearance in

this court on 21.02.2025 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.