Rajasthan High Court - Jodhpur
Manish Galhotra vs State Of Rajasthan on 7 November, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2538/2025
1. Manish Galhotra S/o Gurdas Ray, Aged About 47 Years,
R/o 78- E Block, Sri Ganganagar, District Sri Ganganagar.
(At Present Lodged In Central Jail, Sri Ganganagar)
2. Gurdas Rai Galhotra S/o Karmchand Galhotra, Aged
About 69 Years, R/o 78- E Block, Sri Ganganagar, District
Sri Ganganagar.
----Appellants
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Appellant(s) : Mr. Harshit Yadav
Mr. Mahipal Singh Rathore
For Respondent(s) : Mr. Shri Ram Choudhary, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
07/11/2025
IN S.B. Criminal Appeal (SB) No. 2538/2025:-
1. Admit.
2. Call for record.
IN S.B. Criminal Misc. Bail Application for Suspension of
Sentence No.2064/2025:-
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 recovery has not been proved and recovered cough syrup and
other medicines were purchased by the firm and therefore, there
was no question of making out of necessary ingredients of any
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offence under the Drugs and Cosmetic Act, 1940. He further
submits that the appellants were on bail during the course of trial.
He, therefore, implores this Court to allow the present Suspension
of Sentence Application
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 threadbare and thereafter the conviction order has been
passed, therefore, the accused-appellants are not entitled for any
indulgence whatsoever.
4. Upon consideration of the arguments advanced on behalf of
both the sides and having regards to the facts and circumstances
of the case, including the facts that the sentence imposed is 1
year with simple imprisonment, various arguable points raised by
the appellants-applicants, and that the chances of hearing of the
appeal in near future being bleak, this Court deems it appropriate
to suspend the sentence awarded to the accused-appellants.
5. Accordingly, the application for suspension of sentence filed
under Section 430 BNSS (Old Provision Section 389 of Cr.P.C.) is
allowed and it is ordered that the sentence passed by the learned
Session Judge, Sri Ganganagar, vide judgment dated 14.10.2025
in Sessions Case No.50/2019 (CIS No. 50/2019), against the
appellants-applicants Manish Galhotra S/o Gurdas Ray &
Gurdas Rai Galhotra S/o Karmchand Galhotra 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.1,00,000/- with two sureties of Rs.50,000/-
each to the satisfaction of the learned trial Judge for their
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appearance in this court on 10.12.2025 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
7-charul/-
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