Rajasthan High Court - Jodhpur

Kala Singh vs State Of Rajasthan on 6 May, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:21629]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                            JODHPUR
      S.B. Criminal Misc Suspension of Sentence Application
                          No.807/2025
                               IN
             S.B. Criminal Appeal (Sb) No. 868/2025

 Kala Singh S/o Bhajan Singh Raisikh, Aged About 27 Years, R/o
 Ward No. 42, Satipura, Near Fatak, Suresiya, Ps Hanumangarh
 Jucntion,    Dist.   Hanumangarh.              (Lodged           In     Central   Jail
 Sriganganagar)
                                                                         ----Appellant
                                     Versus
 State Of Rajasthan, Through Pp
                                                                       ----Respondent


For Appellant(s)           :     Mr. Rajendra Kumar Soni
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 applicant in the matter of judgment

dated 08.04.2025 passed by the learned Special Judge,

(NDPS Cases), Sri Ganganagar in Sessions Case

No.27/2018(CIS No.27/2018) whereby he was convicted and

sentenced to suffer maximum imprisonment of 2 years' R.I.

under Section 8/21 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. Hearing of the appeal is

[2025:RJ-JD:21629] (2 of 3)

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. Considering the submissions of learned counsel for the parties

and looking to the totality of facts and circumstances of the

case, more particularly the facts/fact that and the hearing of

appeal is likely to take further more time and considering the

overall submissions while refraining from passing any

comments on the niceties 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-

applicant.

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

[2025:RJ-JD:21629] (3 of 3)

this court on 06.06.2025 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.