Rajasthan High Court - Jodhpur
Madan Singh vs State Of Rajasthan (2025:Rj-Jd:26051) on 27 May, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:26051]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1043/2025
Madan Singh S/o Shankar Singh Rajpurohit, Aged About 44
Years, R/o Kalyanpura, Ps Farai, Ajmer,raj (Lodged In Dist. Jail
Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Sudhir Saruparia
For Respondent(s) : Mr. S.S. Rathore, Dy.G.A.
HON'BLE MR. JUSTICE FARJAND ALI
Order
27/05/2025
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment
dated 16.11.2024 passed by the learned Special Judge, NDPS
Cases & Additional Session Judge, Bengu, District Chittorgarh
in Sessions Case No.119/2023 (54/2009) whereby he was
convicted and sentenced to suffer maximum imprisonment of
20 years' R.I. under Section 8/15 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. The sentence of the accused-
applicant has already been suspended by the trial Court. He
was on bail during trial and did not misuse the liberty so
[2025:RJ-JD:26051] (2 of 5) [SOSA-1043/2025]
granted to him; 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 on behalf of the accused-applicant
for releasing the appellant on application for suspension of
sentence.
4. Heard and perused the material available on record.
5. The sentence of the co-accused persons namely Kailash
Chandra and Raju Singh has already been suspended by a
coordinate Bench of this Court vide order dated 07.01.2025
and the case of the present appellant is not distinguishable.
For ready reference the aforesaid order is reproduced herein
below:-
Heard learned counsel for the appellants and
learned Public Prosecutor on both the applications for
suspension of sentence.
Counsel for the appellants submits that the recovery
of contraband in this case was made from an abandoned
vehicle and later on, the present appellants were arrested
only on the basis of statement given by co-accused
Madan Singh and they have been implicated in this case
with the aid of Section 29 of NDPS Act. Counsel further
submits that there is clear cut violation of Section 52A of
NDPS Act as there is no documents available on record
Court regarding the fact that a search was made in the
presence of the Magistrate. Counsel submits that the
appellants were on bail during the trial and there is no
chance of hearing of the appeals in near future. In these
circumstances, it is prayed that the sentence of the
appellants may be suspended and they may be released
on bail.
[2025:RJ-JD:26051] (3 of 5) [SOSA-1043/2025]
Learned Public Prosecutor has opposed the
applications for suspension of sentence.
Upon a consideration of the arguments advanced on
behalf of the appellants and having regard to the facts
and circumstances of the case including the facts that the
appellants were on bail during the trial and there is no
chance of hearing of the appeals in near future, this Court
is of the opinion that it is a fit case for suspending the
sentence awarded to the accused appellants.
Accordingly, both the applications for suspension of
sentence filed under Section 389 Cr.P.C. (Section 430 of
BNSS) are allowed and it is ordered that the sentence
passed by the learned Special Judge, NDPS Cases & Addl.
Sessions Judge, Begun, District Chittorgarh, vide
judgment dated 16.11.2024 in Sessions Case
No.119/2023 (54/2009) against the applicants (1)
Kailash Chandra S/o Shri Chhagan Lal Dhakad & (2) Raju
Singh @ Ramavatar @ Rajveer @ Rajendra Singh S/o Sh.
Nathu Singh Rajput, shall remain suspended till final
disposal of the aforesaid appeals and they shall be
released on bail, provided each of them executes a
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 their appearance in this court on
24.02.2025 and whenever ordered to do so till the
disposal of the appeals 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 applicants) 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.
[2025:RJ-JD:26051] (4 of 5) [SOSA-1043/2025]
The learned trial Court shall keep the record of
attendance of the accused-applicants) in a separate file.
Such file be registered as Criminal Misc. Case related to
original case in which the accused-applicants) was/were
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 accused applicants) does not
appear before the trial court, the learned trial Judge shall
report the matter to the High Court for cancellation of
bail.
In view of the above and on the ground of parity as well as to
maintain the judicial discipline and consistency, it is deemed
suitable to grant the benefit of bail to the applicant in the
present matter.
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 trial Court, the details of which
are provided in the first 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 27.06.2025 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.
[2025:RJ-JD:26051] (5 of 5) [SOSA-1043/2025]
(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.
(3) Similarly, if the sureties change their
addresses, they will give in writing their changed
address to the trial Court.
7. The learned trial Court shall keep the record of attendance of
the accused-applicant in a separate file. Such file be
registered as Criminal Misc. Case related to original case in
which the accused-applicant 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 accused applicant
does not appear before the trial court, the learned trial Judge
shall report the matter to the High Court for cancellation of
bail.
(FARJAND ALI),J
165-Samvedana/-
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