Rajasthan High Court - Jodhpur
Ravi Kant @ Ravi vs State Of Rajasthan on 7 November, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2545/2025
Ravi Kant @ Ravi S/o Shree Briz Lal, Aged About 23 Years, R/o
Kulchandra Police Station Tibbi Tehsil Tibbi District
Hanumangarh. (At Present Lodged In Central Jail Bikaner)
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Jitendra Ojha
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. 2545/2025:-
1. Admit.
2. Call for record.
IN S.B. Criminal Misc. Bail Application for Suspension of
Sentence No.2070/2025:-
1. Heard learned counsel for the appellant-applicant as well as
learned Public Prosecutor and perused the material available on
record.
2. Learned counsel for the appellant-applicant submits that the
sole independent witness with regard to recovery has turned
hostile and the recovery from the conscious possession of the
appellant could not be proved. He further submits that the drugs
recovered were regular drugs, which were available in the market
and the prosecution has failed to get the record of sale and
purchase of the drugs in question. He further submits that the
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conviction imposed is 1 year simple imprisonment and the hearing
of the appeal will take sufficient time. He, therefore, implores this
Court to allow the present 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 threadbare and thereafter, the conviction order has been
passed, and therefore, the accused-appellant is 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 there are arguable points raised
by learned counsel for the appellant-applicant, conviction imposed
is 1 year simple imprisonment 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-appellant.
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
Session Judge, Hanumangarh, vide judgment dated 14.10.2025 in
Sessions Case No. 13/2019 against the applicant Ravi Kant @
Ravi S/o Shree Briz Lal 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.2,00,000/- with two
sureties of Rs.1,00,000/-, each to the satisfaction of the learned
trial Judge for his appearance in this court on 10.12.2025 and
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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
51-charul/-
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