Tarsem Singh vs State Of Rajasthan
2025 Latest Caselaw 14126 Raj

Citation : 2025 Latest Caselaw 14126 Raj
Judgement Date : 13 October, 2025

Rajasthan High Court - Jodhpur

Tarsem Singh vs State Of Rajasthan on 13 October, 2025

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Criminal Appeal (Sb) No. 2406/2025

Tarsem Singh S/o Mahendra Singh, Aged About 41 Years,
Resident Of Chahuwali, Police Station Talwada Theel, District
Hanumangarh. (At Present Lodged In District Jail Bhilwara)
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through PP
                                                                ----Respondent


For Appellant(s)          :    Mr. Rajendra Singh Charan
For Respondent(s)         :    Mr. Shriram Choudhary, PP



              HON'BLE MR. JUSTICE SANDEEP SHAH

Order

13/10/2025

IN S.B. Criminal Appeal (SB) No. 2406/2025:-

1. Admit.

2. Call for the record.

IN S.B. Criminal Misc. Bail Application for Suspension of

Sentence No.1929/2025:-

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 8/18 of the NDPS Act, 1985. He submits that the narcotic

substance recovered from the appellant-applicant is below

commercial quantity and that the learned Trial Court has convicted

the appellant-applicant under Section 8/18 of the NDPS Act, 1985

for rigorous imprisonment for a period of three years. He also

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submits that the appellant-applicant was on bail during the course

of trial and that the recovery has been undertaken without

complying with the mandatory provisions of the NDPS Act, 1985.

He further submits that there is no chance of hearing of the

appeal in near future. He also submits that there are no criminal

antecedents attributable to the appellant-applicant. He, therefore,

prays that the appellant-applicant may be released on bail by

allowing 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 three years

rigorous imprisonment, there are arguable points with regard to

non-compliance of the provisions of the N.D.P.S. Act, 1985, the

appellant-applicant was on bail during the course of trial, and the

chances of hearing of 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.

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5. Accordingly, the application for suspension of sentence filed

under Section 430 BNSS (Old Section 389 Cr.P.C.) is allowed

and it is ordered that the sentence passed by the learned

Special Judge, N.D.P.S. Cases, Bhilwara, District Bhilwara, vide

judgment dated 07.10.2025 in Sessions Case No.15/2019, against

the appellant-applicant Tarsem Singh S/o Mahendra 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.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 13.11.2025 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.