Rajasthan High Court - Jodhpur
Jaspal Singh Alias Pala vs State Of Rajasthan on 7 October, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2298/2025
1. Jaspal Singh @ Pala S/o Harbhajan Singh, Aged About 38
Years, R/o Khadur Sahib Police Station Goindwal District
Taran Taran Punjab (Lodged In Dist. Jail, Chittorgarh)
2. Gurvindra Singh @ Gora S/o Sukhvindra Singh, Aged
About 32 Years, R/o Khadur Sahib Police Station Goindwal
District Taran Taran Punjab (Lodged In Dist. Jail,
Chittorgarh)
3. Fateh Singh S/o Baldev Singh, Aged About 36 Years, R/o
Khadur Sahib Police Station Goindwal District Taran Taran
Punjab (Lodged In Dist. Jail, Chittorgarh)
----Appellants
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Mangi Lal Vishnoi
For Respondent(s) : Mr. Hathi Singh Jodha, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
07/10/2025
IN S.B. Criminal Appeal (SB) No. 2298/2025:-
1. Admit.
2. Call for the record.
IN S.B. Criminal Misc. Bail Application for Suspension of
Sentence No.1809/2025:-
1. Heard learned counsel for the applicants as well as learned
Public Prosecutor and perused the material available on record.
2. Learned counsel for the applicants submits that the
narcotic substance recovered was below commercial quantity. He
further raises the ground regarding the non-compliance of the
(Uploaded on 07/10/2025 at 05:10:49 PM)
(2 of 3) [CRLAS-2298/2025]
mandatory provisions of the NDPS Act, 1985. He further submits
that the applicants do not have criminal antecedents and the
applicants were on bail during the course of trial. He asserts that
the punishment imposed is 3 years rigorous imprisonment only.
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 and after compliance of provisions of the NDPS Act, 1985,
the conviction order has been passed, and therefore, the accused-
appellants are 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 is below
commercial quantity, applicants do not have criminal antecedents,
the punishment imposed is 3 years rigorous imprisonment, the
applicants were on bail during the course of trial and 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-applicants.
5. Accordingly, the application for suspension of sentence filed
under Section 430 of BNSS, 2023 (Section 389 of Cr.P.C.) is
allowed and it is ordered that the sentence passed by the learned
Special Judge, NDPS Cases, No. 2, Chittorgarh, vide judgment
dated 23.09.2025 in Special Session Case No. 78/2017 (11/2017)
against the applicants Jaspal Singh @ Pala S/o Harbhajan Singh,
Gurvindra Singh @ Gora S/o Sukhvindra Singh and Fateh Singh
(Uploaded on 07/10/2025 at 05:10:49 PM)
(3 of 3) [CRLAS-2298/2025]
S/o Baldev Singh shall remain suspended till final disposal of the
aforesaid appeal and they shall be released on bail, provided each
of them execute 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
07.11.2025 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
1-charul/-
(Uploaded on 07/10/2025 at 05:10:49 PM)
Powered by TCPDF (www.tcpdf.org)
