Rajasthan High Court - Jodhpur
Sanjeev Kumar Beniwal vs State Of Rajasthan on 9 October, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2346/2025
Sanjeev Kumar Beniwal S/o Sampatram Beniwal, Aged About 48
Years, Sector No 09 Hanumangarh Junction Tehsil And District
Hanumangarh Registered Pharmacist Of Firm M/s Ankita
Medicose Ward No 21 In Front Of Bus Stand Hanumangarh
Junction District Hanumangarh
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Jitender Singh Khichi
For Respondent(s) : Mr. Narendra Singh Chandawat, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
09/10/2025
IN S.B. Criminal Appeal (SB) No.2346/2025:-
1. Admit.
2. Call for the record.
IN S.B. Criminal Misc. Bail Application for Suspension of
Sentence No.1864/2025:-
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 submits that the appellant-
applicant has been convicted for the offences punishable under
Sections 27(d), 28 & 28A of Drugs & Cosmetics Act, 1940. He
submits that the sentence imposed upon him is of one year's
simple imprisonment. He also submits that the appellant-applicant
was only a Pharmacist and not the owner of the shop in question.
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He further submits that the co-accused, who was the owner of the
firm, has also been convicted. He further submits that the
appellant-applicant had no role in the purchase of the tablets in
question, and there is no chance of hearing of the appeal in near
future. He, therefore, implores this Court to allow the suspension
of sentence application.
3. Per contra, learned Public Prosecutor opposes the application
for suspension of sentence and submits that the learned Trial
Court has thoroughly considered the entire evidence threadbare
and has passed a detailed impugned order convicting the
appellant-applicant, therefore, the application for suspension of
sentence in question deserves to be dismissed.
4. Upon consideration of the arguments advanced on behalf of
both the sides and having regard to the facts and circumstances of
the case, including the facts that the sentence imposed upon
appellant-applicant is of one year's simple imprisonment, as well
as the various arguable points raised by learned counsel for the
appellant-applicant, and the chances of hearing of the 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-applicant.
5. Accordingly, the application for suspension of sentence filed
under Section 430 of BNSS is allowed and it is ordered that the
sentence passed by the learned Sessions Judge, Hanumangarh,
vide judgment dated 12.09.2025 in Session Case No.04/2019,
(CIS No.05/2019) against the appellant-applicant, Sanjeev
Kumar Beniwal S/o Sampatram Beniwal, shall remain
suspended till final disposal of the aforesaid appeal and he shall be
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released on bail, provided he 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 his appearance in this
court on 11.11.2025 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 appellant-applicant in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
appellant-applicant was 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 appellant-applicant does 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
4-devrajP/-
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