Rajasthan High Court - Jodhpur
Banshi Lal vs State Of Rajasthan (2025:Rj-Jd:45435) on 15 October, 2025
[2025:RJ-JD:45435]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1830/2025
Banshi Lal S/o Uda Ji, aged about 63 years, R/o Kalladwas,
Police Station Pratapnagar, District Udaipur (Raj.).
(At present lodged at Central Jail, Udaipur)
----Applicant
Versus
State of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. R.K. Charan
For Respondent(s) : Mr. Vikram Singh Rajpurohit, P.P.
HON'BLE MR. JUSTICE SANDEEP TANEJA
Order
15/10/2025
1. Heard learned counsel for the parties and perused the
impugned order.
2. This application for suspension of sentence has been filed by
the accused-applicant under Section 430 of BNSS. The accused-
applicant has been convicted by judgment and order dated
27.08.2025 passed by the Special Judge, NDPS Act Cases, Udaipur
(Additional Sessions Judge No.1, Udaipur) in Sessions Case
No.18/2016 and sentenced for four years' rigorous imprisonment
and a fine of Rs.40,000/- for the offence under Section 8/18 of the
NDPS Act and in default of payment of fine to further undergo four
month's rigorous imprisonment.
3. Learned counsel for the applicant submits that the applicant
has falsely been implicated in this case. He further submits that
narcotic contraband i.e. opium weighing 252 gms alleged to have
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been recovered from the applicant is below commercial quantity.
Learned counsel further submits that during trial, the applicant
was on bail and hearing of the appeal is likely to take long time.
Learned counsel, thus, prays that the sentence awarded to the
applicant may be suspended.
4. Per contra, learned Public Prosecutor opposed the application
for suspension of sentence.
5. Having considered the overall facts and circumstances of the
case and keeping in view the fact that hearing of the appeal is
likely to take time, this Court is inclined to suspend the sentence
awarded to the applicant.
6. Accordingly, this application for suspension of sentence
under Section 430 of BNSS is allowed and it is directed that the
sentence awarded to the applicant - Banshi Lal S/o Uda Ji by
the Special Judge, NDPS Act Cases, Udaipur (Additional Sessions
Judge No.1, Udaipur) in Sessions Case No.18/2016 by judgment
and order dated 27.08.2025 shall remain suspended till final
disposal of the appeal provided he executes a personal bond for a
sum of Rs.50,000/- along with two sound and solvent sureties in
the sum of Rs.25,000/- each to the satisfaction of the learned trial
court for his appearance before this Court on 27.11.2025 and
whenever called upon to do so till the disposal of the appeal on
the conditions indicated below:-
(1) That he will appear before the trial court in the month
of January of every year till the appeal is decided.
(2) That if the accused-applicant changes his place of
residence, he will give in writing his changed address to the
trial court as well as to the counsel in the High Court.
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(3) Similarly, if the sureties change their address, they will
give in writing their changed address to the trial court.
7. 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 not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(SANDEEP TANEJA),J
51- ms rathore
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