Rajasthan High Court - Jodhpur
Ashraf Khan vs State Of Rajasthan on 15 October, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2440/2025
1. Ashraf Khan S/o Babu Khan, Aged About 33 Years,
Jamsar, Tehsil Lunkaransar, District Bikaner, Rajasthan
(At Present Lodged In Sub Jail Nohar District
Hanumangarh)
2. Karnel Singh S/o Balvindra Singh, Aged About 35 Years,
Jamsar, Tehsil Lunkaransar, District Bikaner, Rajasthan
(At Present Lodged In Sub Jail Nohar District
Hanumangarh)
----Appellants
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Vinod Kumar Sihag
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. 2440/2025:-
1. Admit.
2. Call for the record.
IN S.B. Criminal Misc. Bail Application for Suspension of
Sentence No.1960/2025:-
1. Heard learned counsel for the appellants as well as learned
Public Prosecutor and perused the material available on record.
2. Learned counsel for the appellants submits that the quantity
of narcotic substance recovered was below commercial quantity.
He further raises the ground regarding the non-compliance of the
mandatory provisions of the NDPS Act, 1985. He further submits
(Uploaded on 15/10/2025 at 04:39:37 PM)
(2 of 3) [CRLAS-2440/2025]
that there are no criminal antecedents and the appellants were on
bail during the course of trial. He asserts that the conviction
imposed is 6 months rigorous imprisonment only. He 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-
appellants are not entitled for any indulgence whatsoever.
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 the recovered contraband is
below commercial quantity, there are no criminal antecedents, the
conviction imposed is 6 months rigorous imprisonment, the
appellants were on bail during the course of trial and there
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-appellants.
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 Act, Nohar, Hanumangarh vide judgment
dated 09.10.2025 in Special Session Case No. 59/2021 against
the applicants Ashraf Khan S/o Babu Khan and Karnel Singh S/o
Balvindra Singh shall remain suspended till final disposal of the
aforesaid appeal and they shall be released on bail, provided each
of them executes a personal bond in the sum of Rs.2,00,000/-
(Uploaded on 15/10/2025 at 04:39:37 PM)
(3 of 3) [CRLAS-2440/2025]
with two sureties of Rs.1,00,000/-, each to the satisfaction of the
learned trial Judge for their 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
72-charul/-
(Uploaded on 15/10/2025 at 04:39:37 PM)
Powered by TCPDF (www.tcpdf.org)
