Rajasthan High Court - Jodhpur
Dharmpal vs State Of Rajasthan on 13 October, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2390/2025
Dharmpal S/o Rati Ram, Aged About 57 Years, Resident Of Ward
No 1, Sahjipura, Police Station Sadar Hanumangarh, District
Hanumangarh, (Rajasthan) (At Present Lodged In District Jail
Hanumangarh)
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Kuldeep Sharma
For Respondent(s) : Mr. Shriram Choudhary, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
13/10/2025
IN S.B. Criminal Appeal (SB) No.2390/2025:-
1. Admit.
2. Call for the record.
IN S.B. Criminal Misc. Bail Application for Suspension of
Sentence No.1913/2025:-
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 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 8/15 of the NDPS Act, 1985
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for rigorous imprisonment for a period of one year only. He also
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 are no criminal antecedents
attributable to the appellant-applicant. He further submits that
there is no chance of hearing of the appeal in near future. 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 has
been 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
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
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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 (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, Hanumangarh, vide judgment
dated 26.09.2025 in Sessions Case No.88/2019 (CIS
No.88/2019), against the appellant-applicant Dharmpal S/o Rati
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 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.
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
8-devrajP/-
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