Raju Ram vs State Of Rajasthan
2025 Latest Caselaw 1643 Raj

Citation : 2025 Latest Caselaw 1643 Raj
Judgement Date : 1 July, 2025

Rajasthan High Court - Jodhpur

Raju Ram vs State Of Rajasthan on 1 July, 2025

Author: Farjand Ali

Bench: Farjand Ali

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
      S.B. Criminal Misc. Suspension of Sentence Application
                              No.1216/2025

                                       in

            S.B. Criminal Appeal (Sb) No. 1461/2025

Raju Ram S/o Mada Ram Vishnoi, Aged About 50 Years, R/o
Ajaniyon Ki Dhani P.s Dhorimanna District Barmer Raj (Lodged In
Dist. Jail Chittorgarh)
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Appellant(s)          :    Ms. Kinjal Purohit, on behalf of
                               Mr. R.D.S.S. Kharlia
For Respondent(s)         :    Mr. Surendra Bishnoi, AGA



             HON'BLE MR. JUSTICE FARJAND ALI

Order

01/07/2025

1. The instant application for suspension of sentence under

Section 430 of the BNSS has been moved on behalf of the

appellant-applicant in the matter of judgment of conviction and

order of sentence dated 16.06.2025 passed by the learned Special

Judge, NDPS Cases, Chittorgarh in Sessions Case No.105/2019

whereby he was convicted for the offences under Sections 8/15

and 8/25 of the NDPS Act and sentenced to undergo 5 years' R.I.

for each offence alongwith fine and default sentences.

2. It is contended by the learned counsel for the appellant that

the learned trial Judge has not appreciated the correct, legal and

factual aspects of the matter and thus, reached at an erroneous

(2 of 4)

conclusion of guilt, therefore, the same is required to be

appreciated again by this court being the first appellate Court. The

appellant has strong arguable case in his favour. Hearing of 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 by learned counsel for the accused-

applicant for releasing the appellant on application for suspension

of sentence.

4. Heard learned counsel for the parties and perused the

material available on record.

5. The maximum sentence awarded to the appellant is 5 years'

rigorous imprisonment. In view of the admissions made by

P.W.5 Sunil and P.W.14 Rekha Sharma, Sub Inspector, there seems

substance in the submission of the learned counsel for the

appellant that there was previous information with the Seizing

Officer P.W.12 Sanjay Sharma, however, neither the information

was reduced in writing nor the same was forwarded to the

superior police officer, which is a mandate of law under Section

42(2) of the NDPS Act and further considering the submission that

in light of the judgment passed by Hon'ble Supreme Court in the

case of Roy V.D. Vs. State of Kerala reported in AIR 2001 SC

137, non-compliance of Section 42(2) of the NDPS Act vitiates the

proceedings, it is felt appropriate to accede to the prayer made in

the application for suspension of sentence. Thus, considering the

submissions advanced at bar, grounds raised in the memo of

appeal and looking to the totality of facts and circumstances of the

case, while refraining from passing any comments on the niceties

(3 of 4)

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-appellant.

6. Accordingly, the application for suspension of sentence filed

under Section 430 of the BNSS is allowed and it is ordered that

the sentence passed by learned trial court, details of which are

mentioned in opening para of this order, against the appellant-

applicant named above 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 25.06.2025 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.