Rajasthan High Court - Jodhpur

Hukma Ram vs State Of Rajasthan (2025:Rj-Jd:21801) on 6 May, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:21801]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
 S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
                                 No. 734/2025

                                          In

                     S.B. Criminal Appeal No.804/2025

Hukma Ram S/o Kisna Ram, Aged About 49 Years, R/o Rendari,
Police Station Luni, District Jodhpur (Rajasthan). (Presently
Lodged At District Jail, Sirohi)
                                                                     ----Petitioner
                                      Versus
State Of Rajasthan, Through Pp
                                                                   ----Respondent


For Petitioner(s)           :     Mr. B.R. Bishnoi
For Respondent(s)           :     Mr. S.S. Rathore, Dy.G.A.



                HON'BLE MR. JUSTICE FARJAND ALI

Order

06/05/2025

1. The instant application for suspension of sentence has been

moved on behalf of the applicants in the matter of judgment dated

19.04.2025 passed by the learned Special Judge NDPS Act, Cases,

Sirohi in Special Sessions Case No.23/2018 whereby he was

convicted and sentenced to suffer five years' RI along with a fine

of Rs.50,000/- under Sections 8/15 and 8/18 of NDPS Act.

2. It is contended by the learned counsel for the appellants 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. The

appellants were on bail during trial and did not misuse the liberty

[2025:RJ-JD:21801] (2 of 3) [SOSA-734/2025]

so granted to them; 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-

applicants 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 recovered contraband is well below demarcated

commercial quantity. In the given circumstances, the embargo

contained under Sections 32 and 37 of NDPS Act is not attracted

in this case. Considering that hearing of the appeal would likely to

take a long time and further considering the submission that

during the entire course of trial, he remained on bail and did not

misuse the liberty so granted to them, this court is of the opinion

that it is a fit case for suspending the sentence awarded to the

accused-appellants.

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 06.06.2025

[2025:RJ-JD:21801] (3 of 3) [SOSA-734/2025]

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 the counsel in the High Court.