Rajasthan High Court - Jodhpur
Dinesh @ Dinu vs State Of Rajasthan on 6 November, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2532/2025
1. Dinesh @ Dinu S/o Shri Hanumanram, Aged About 32
Years, Resident Of Ramdawas Kala Police Station Pipar
City, Currently Kaliberi, Police Station Soorsagar Jodhpur.
(Presently In Central Jail Jodhpur)
2. Nadeem S/o Shri Rafim (Rafiq) Ahmed, Aged About 32
Years, Resident Of Bamba Mohalla Dargah Ki Gali, Police
Station Sadar Bazar, Jodhpur. (Presently In Central Jail
Jodhpur)
3. Azhar Alias Ajruddin S/o Shri Kamruddin, Aged About 33
Years, Resident Of Aisa Manzil, Teliyon Ka Madrasa,
Gulzarpura, Police Station Sadar Bazar, Jodhpur
(Presently In Central Jail Jodhpur)
----Appellants
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Kapil Raj Siyag
For Respondent(s) : Mr. Narendra Gehlot, PP
Mr. OP Choudhary
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
06/11/2025
IN S.B. Criminal Appeal (SB) No. 2532/2025:-
1. Admit.
2. Call for record.
IN S.B. Criminal Misc. Bail Application for Suspension of
Sentence No.2057/2025:-
1. Heard learned counsel for the appellants-applicants as well
as learned Public Prosecutor and perused the material available on
record.
2. Learned counsel for the appellants-applicants submits that
the narcotic substance recovered was below commercial quantity.
He further raises the ground regarding non-compliance of
mandatory provisions of the NDPS Act, 1985. He further submits
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that there are no criminal antecedents and the appellants-
applicants were on bail during the course of trial. He thus prays
for allowing of application for suspension of sentence.
3. Per contra, the learned Public Prosecutor opposes the
application for suspension of sentence and submits that the
learned Trial Court has considered each and every aspect of the
matter, including compliance of provisions of the NDPS Act, 1985,
and thereafter the conviction order has been passed, and
therefore, the accused-applicants are not entitled for any
indulgence whatsoever.
4. Upon consideration of the arguments advanced on behalf of
the parties and having regard to the facts and circumstances of
the case, including the facts that the recovered contraband is
below commercial quantity, there are no criminal antecedents, the
conviction imposed upon the appellants-applicants is 2 years'
rigorous imprisonment, the appellants-applicants were on bail
during the course of trial and the chances of hearing of appeal in
near future being bleak, this Court is of the opinion that it is a fit
case for suspending the sentence awarded to the accused-
appellants.
5. Accordingly, the application for suspension of sentence filed
under Section 389 of Cr.P.C./ Section 430 of BNSS, 2023 is
allowed and it is ordered that the sentence passed by the learned
Special Judge, NDPS Cases No.1, Jodhpur Metropolitan
(Rajasthan), vide judgment dated 30.10.2025 in Sessions Case
No. 20/2015 (NCV No.20/2015) against the appellants-applicants
Dinesh @ Dinu S/o Shri Hanumanram, Nadeem S/o Shri
Rafim (Rafiq) Ahmed & Azhar Alias Ajruddin S/o Shri
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Kamruddin shall remain suspended till final disposal of the
aforesaid appeal 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
09.12.2025 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.
6. 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
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/do not appear before the
trial Court, the learned trial Judge shall report the matter to the
High Court for cancellation of bail.
(SANDEEP SHAH),J
62-charul/-
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