Rajasthan High Court - Jodhpur
Kalu Ram Alias Kalu vs State Of Rajasthan on 15 October, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2408/2025
Kalu Ram @ Kalu S/o Sh Gullu Ram, Aged About 34 Years, R/o
Tapa Mandi Sangrur, District Sangrur, Punjab.
(At Present Lodged In Central Jail Sri Ganganagar)
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Ms. Kirti Pareek
For Respondent(s) : Mr. Shri Ram Choudhary, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
15/10/2025
IN S.B. Criminal Appeal (SB) No. 2408/2025:-
1. Admit.
2. Tag along with S.B. Criminal Appeal No.2237/2024.
IN S.B. Criminal Misc. Bail Application for Suspension of
Sentence No.1931/2025:-
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
quantity of narcotic substance recovered was below commercial
quantity. She further raises the ground regarding non- compliance
of the mandatory provisions of the NDPS Act, 1985. She further
submits that there are no criminal antecedents and the appellant-
applicant was on bail during the course of trial. She further
submits that 9 accused have already been extended the benefit of
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suspension of sentence by this Court by way of order dated
20.09.2025 in S.B. Criminal Suspension of Sentence Application
No.1752/2025 "Charanjeet Singh @ Charna & Ors. vs. State of
Rajasthan". She thus prays for allowing of application for
suspension of sentence.
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-
appellant is not entitled for any indulgence whatsoever.
4. Upon consideration of the arguments advanced on behalf of
the parties and having regard to the facts and circumstances of
the case, including the facts that the recovered contraband is
below commercial quantity, there are no criminal antecedents, the
conviction imposed is 6 months rigorous imprisonment, similarly
situated co-accused have already been extended the benefit of
suspension of sentence, the appellant-applicant was on bail during
the course of trial and the chances of hearing of appeal in near
further being bleak, this Court is of the opinion that it is a fit case
for suspending the sentence awarded to the accused-appellant.
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
Special Judge, NDPS Cases, Hanumangarh, vide judgment dated
11.09.2025 in Special Session Case No. 28/2016 against the
applicant Kalu Ram @ Kalu S/o Sh Gullu Ram 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.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 17.11.2025 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 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
4-charul/-
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