Rajasthan High Court - Jodhpur
Raju Bhai Mewadi @ Chhoga Lal vs State Of Rajasthan (2025:Rj-Jd:21953) on 6 May, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:21951]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 297/2025
In
S.B. Criminal Appeal No.318/2025
Om Prakash S/o Sada Ram, Aged About 28 Years, R/o Balana,
Police Station Sanchore, Dist. Jalore. (At Present Lodged At
Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected with
S.B. Criminal Misc Suspension Of Sentence Application
(Appeal) No. 682/2025
In
S.B. Criminal Appeal No.736/2025
Bajrang Lal S/o Dhanna Ram, Aged About 43 Years, Resident
Of Liyadara Police Station Jhaab District Jalore Present Bhata
Police Station Sindhari District Barmer (At Present Lodged In
District Jail Sirohi)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Misc Suspension Of Sentence Application
(Appeal) No. 324/2025
In
S.B. Criminal Appeal No.345/2025
Raju Bhai Mewadi @ Chhoga Lal S/o Rupaji, Aged About 40
Years, R/o Rawatpura, Ps Dungla, Dist. Chittorgarh. (Lodged In
Dist. Jail Sirohi.)
----Petitioner
(Downloaded on 08/05/2025 at 09:39:12 PM)
[2025:RJ-JD:21951] (2 of 5) [SOSA-297/2025]
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ramdeen Choudhary
Mr. Dinesh Bishnoi
For Respondent(s) : Mr. Surendra Bishnoi, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
06/05/2025
1. The instant applications for suspension of sentences have
been moved on behalf of the applicants. They are convicted by the
judgment dated 31.01.2025 by the learned Special Judge, NDPS
Act Cases Sirohi in Special Case No.78/2019 whereby they were
sentenced as under:-
Name of the Offence for Substantive Fine and default
accused which sentence sentence
convicted
Om Prakash Section 8/15 10 Years' RI Fine of Rs.2,00,000/-
NDPS Act and in default of
payment of fine,
additional one year's
RI.
Bajrang Lal & Section 8/29 10 Years' RI Fine of Rs.2,00,000/-
NDPS Act and in default of
Raju Bhai Mewadi payment of fine,
@ Chhoga Lal additional one year's
RI.
2. It is contended on behalf of the petitioner 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 being the first appellate Court.
[2025:RJ-JD:21951] (3 of 5) [SOSA-297/2025]
Hearing of the appeal is likely to take long time, therefore, the
application for suspension of sentence may be granted.
3. Learned Public Prosecutor has vehemently opposed the
prayer made by learned counsel for the accused-appellants.
4. Perusal of the record reflects that on 02.03.2019 upon
receiving a secret information SHO PS Revdar intercepted an
unnumbered tractor and upon interrogation the driver of the
vehicle disclosed his names as Om Prakash and during search of
the vehicle, 147 kg Poppy Husk got recovered. After search and
seizure both the accused was arrested and a case under the NDPS
Act got registered and he disclosed that he has purchased the
contraband from Raju Mewari and Bagrang Lal. However, serious
issues have been raised regarding non-compliance with the
mandatory provisions of the NDPS Act. During trial, appellants
Raju and Bajrang Lal were on bail.
5. This Court, being the first appellate court, is required to
reassess the entire evidence, particularly in light of the alleged
procedural lapses which, if proved, may go to the root of the
prosecution case. It is well settled that non-compliance with
mandatory provisions under the NDPS Act can vitiate the very
foundation of seizure and recovery.
6. Considering the overall submissions of the parties and
looking to the totality of facts and circumstances of the case while
refraining from passing any comments on the niceties of the
matter and the fact that the appellant Om Prakash is in custody
since his arrest and appellants Raju and Bajrang Lal were on bail
during trial and in view of the legal issues raised and the
[2025:RJ-JD:21951] (4 of 5) [SOSA-297/2025]
requirement of thorough re-appreciation of evidence, this Court is
of the opinion that it is a fit case for suspending the sentence
awarded to the accused-appellants.
7. Accordingly, the applications for suspension of sentence filed
under Section 389 Cr.P.C. are 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-
applicants named above 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.50,000/-with two sureties of Rs.25,000/- each to the
satisfaction of the learned trial Judge for their appearance in this
court on 09.06.2025 and whenever ordered to do so till the
disposal of the appeal on the conditions indicated below:-
1. That 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 change the place of residence, they will
give in writing their changed address to the trial Court as well as
to their counsel(s) 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-applicants in a separate file. Such file be registered as
Criminal Misc. Case related to original case in which the accused-
applicants 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
[2025:RJ-JD:21951] (5 of 5) [SOSA-297/2025]
accused-applicants do 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
106-Mamta/-
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