Rajasthan High Court - Jodhpur
Raghuveer Singh @ Ram Singh vs State Of Rajasthan on 12 November, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2578/2025
Raghuveer Singh @ Ram Singh S/o Indra Singh Rajput, Aged
About 34 Years, R/o Bijlai, Police Station Nathdwara, District
Rajsamand (Rajasthan). (Presently Lodged At District Jail,
Chittorgarh)
----Appellant
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Appellant(s) : Mr. Veer Bajrang Singh for
Mr. J.S. Deora
For Respondent(s) : Mr. Shri Ram Choudhary, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
12/11/2025
IN S.B. Criminal Appeal (SB) No. 2578/2025:-
1. Admit.
2. Call for the record.
IN S.B. Criminal Misc. Bail Application for Suspension of
Sentence No.2106/2025:-
1. Heard learned counsel for the applicant as well as learned
Public Prosecutor and perused the material available on record.
2. Learned counsel for the applicant submits that the narcotic
substance recovered was below commercial quantity. He further
raises the ground regarding non-compliance of the mandatory
provisions of the NDPS Act, 1985. He asserts that the conviction
imposed is 1 year's rigorous imprisonment only. He thus prays for
allowing the application for suspension of sentence.
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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 and after compliance of provisions of the NDPS Act, 1985,
the conviction order has been passed and, therefore, the accused-
applicant is not entitled for any indulgence whatsoever.
4. Upon consideration of the arguments advanced on behalf of
both sides and having regard to the facts and circumstances of the
case, including the facts that the recovered contraband has been
found by the trial Court to be below commercial quantity, the
conviction imposed is 1 year's rigorous imprisonment, the chances
of hearing of the present 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-applicant.
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, District Chittorgarh (Rajasthan),
vide judgment dated 04.11.2025 in Sessions Case No. 23/2013
against the applicant Raghuveer Singh @ Ram Singh S/o
Indra Singh Rajput 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 11.12.2025 and
whenever ordered to do so till the disposal of the appeal on the
conditions indicated below:-
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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
5-Love/-
(Uploaded on 12/11/2025 at 02:00:18 PM)
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