Rajasthan High Court - Jodhpur
Jagdish vs State Of Rajasthan on 9 October, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2354/2025
Jagdish S/o Khyali Ram, Aged About 44 Years, Resident Of Chak
Dhannasar, Police Station Rawatsar, Distt. Hanumangarh Raj..
(Lodged In Sub Jail Nohar)
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Suresh Nehra
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.2354/2025:-
1. Admit.
2. Call for the record.
IN S.B. Criminal Misc. Bail Application for Suspension of
Sentence No.1871/2025:-
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
appellant-applicant has been convicted for the offences under
Section 8/15(B) of the NDPS Act, 1985. He submits that the
narcotic substance recovered from the appellant-applicant is of
below commercial quantity and that the learned Trial Court has
convicted the appellant-applicant under Section 8/15(B) of the
NDPS Act, 1985 for rigorous imprisonment for a period of one year
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only. He further submits that the appellant-applicant was in
judicial custody during the course of trial and has not misused the
liberty granted by the Court, so also, the recovery has been
undertaken without complying with the mandatory provisions of
the NDPS Act, 1985. He also submits that there is no chance of
hearing of the appeal in near future. He further submits that there
are no criminal antecedents attributable to the appellant-
applicant. In these circumstances, he prays that the appellant-
applicant may be released on bail by allowing this suspension of
sentence application.
3. Per Contra, Learned Public Prosecutor opposes the
application for suspension of sentence and submits that there is
compliance of all the mandatory provisions of the NDPS Act, 1985
and the recovery has been effected from the appellant-applicant,
the learned trial Court has passed the conviction against the
appellant-applicant after dealing with each and every aspect of the
case and, therefore, the suspension of sentence application 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 there are no criminal
antecedents attributable to the appellant-applicant, recovery of
narcotic substance is of below commercial quantity, further, the
punishment imposed upon the appellant-applicant is one year's
rigorous imprisonment, there are arguable points with regard to
non-compliance of the provisions of the N.D.P.S. Act, 1985, and
the chances of hearing of appeal in near future being bleak, this
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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 BNSS is allowed and it is ordered that the
sentence passed by the learned Special Judge, N.D.P.S. Cases,
learned Additional Sessions Judge, Rawatsar, District,
Hanumangarh, vide judgment dated 26.09.2025 in Session Case
No.11/2025 (Old No.29/2018), against the appellant-applicant
Jagdish S/o Khyali Ram, 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.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.
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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
10-devrajP/-
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