Rajasthan High Court - Jodhpur
Kewal Singh vs State Of Rajasthan on 10 October, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2355/2025
Kewal Singh S/o Jeet Singh, Aged About 40 Years, R/o Mohalan,
Police Thana Kabarwala District Muktsar (Punjab). (At Present
Lodged In Sub Jail Sedulsehar)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) : Mr. Jitendra Ojha
For Respondent(s) : Mr. Narendra Gehlot, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
10/10/2025
IN S.B. Criminal Appeal (SB) No. 2355/2025:-
1. Admit.
2. Call for the record.
IN S.B. Criminal Misc. Bail Application for Suspension of
Sentence No.1872/2025:-
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 further submits that the
applicant was on bail during the course of trial. He asserts that the
conviction imposed is 2 years rigorous imprisonment only. He thus
prays for allowing of 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 is below
commercial quantity, the conviction imposed is 2 years rigorous
imprisonment, the applicant was 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-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
Additional Session Judge, Sadulsehar, Sriganganagar (Rajasthan),
vide judgment dated 25.09.2025 in Criminal (Session) Case No.
154/2022 (CIS No.154/2022) against the applicant Kewal Singh
S/o Jeet Singh 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 10.11.2025 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
3-Love/-
(Uploaded on 10/10/2025 at 08:33:20 PM)
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