Girdhari vs State Of Rajasthan (2025:Rj-Jd:16190)
2025 Latest Caselaw 9522 Raj

Rajasthan High Court - Jodhpur

Girdhari vs State Of Rajasthan (2025:Rj-Jd:16190) on 27 March, 2025

Author: Manoj Kumar Garg

Bench: Manoj Kumar Garg

[2025:RJ-JD:16190]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                               No. 303/2025

Girdhari S/o Shri Chotha Ram Bishnoi, Aged About 40 Years, R/o
Joliyali, At Present Ridiya Phata, Sursagar, District Jodhpur.
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Vijay Raj Bishnoi
For Respondent(s)         :     Mr. Kuldeep Singh Kumpawat, Asst. to
                                Mr. Deepak Choudhary, AAG



          HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Order

27/03/2025

Heard learned counsel for the appellant as well as learned

Assistant to Addl. Advocate General and perused the material

available on record.

Learned counsel for the appellant submits that the according

to the recovery memo, total weight of contraband is mentioned as

2.550 gms. but when the inventory was prepared then the weight

of contraband has been mentioned as 2.416 gms. and out of

which two samples of 30 gms. each were taken and sent for FSL.

The recovered contraband is below commercial quantity and

appellant was on bail during the trial and hearing of the appeal will

take sufficient long time. Therefore, the sentence may kindly be

suspended.

Learned Assistant to Addl. Advocate General opposed the

prayer made by the counsel for the appellant.

[2025:RJ-JD:16190] (2 of 3) [SOSA-303/2025]

Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

of the case, the appellant was on bail during the trial, therefore,

this Court is of the opinion that it is a fit case for suspending the

sentences awarded to the accused appellant.

Accordingly, the application for suspension of sentence filed

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

sentence in the judgment dated 03.02.2025 passed by the learned

Special Judge, NDPS Act Cases No.2, Jodhpur, in Sessions Case

No.42/2023 against the appellant-applicant Girdhari S/o Shri

Chotha Ram Bishnoi, shall remain suspended till final disposal of

the aforesaid appeal and he will be released on bail, provided he

executes personal bond in the sum of Rs.2,00,000/- with two

sureties of Rs.1,00,000/- each to the satisfaction of the learned

trial Judge for his appearance in this court on 28.04.2025 and

whenever ordered to do so till the disposal of the appeal on the

conditions indicated below:-

1. That he/she/they will appear before the trial Court in the month of January of every year till the appeal is decided.

2. That if the applicant(s) changes the place of residence, he/she/they will give in writing his/her/their changed address to the trial Court as well as to the counsel in the High Court.

3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

The learned trial Court shall keep the record of attendance of

the accused-applicant(s) in a separate file. Such file be registered

as Criminal Misc. Case related to original case in which the

accused-applicant(s) was/were tried and convicted. A copy of this

order shall also be placed in that file for ready reference. Criminal

[2025:RJ-JD:16190] (3 of 3) [SOSA-303/2025]

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(s) does not appear before the trial

court, the learned trial Judge shall report the matter to the High

Court for cancellation of bail.

(MANOJ KUMAR GARG),J 160-Ishan/-

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