Rajasthan High Court - Jodhpur
Govind Alais Kinda Alais Ginda vs State Of Rajasthan on 16 October, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2431/2025
Govind @ Kinda @ Ginda S/o Gyan Singh, Aged About 45 Years,
Resident Of Ward No. 12, Nawan P.s. Hanumangarh, Tehsil And
Distt. Hanumangarh Raj (At Present Lodged In District Jail
Hanumangarh)
----Appellant
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Appellant(s) : Mr. Suresh Nehra
For Respondent(s) : Mr. Sriram Choudhary, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
16/10/2025
IN S.B. Criminal Appeal (SB) No.2431/2025:-
1. Admit.
2. Call for the record.
IN S.B. Criminal Misc. Bail Application for Suspension of
Sentence No.1954/2025:-
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
accused-applicant has been implicated for the offences punishable
under Sections 8/29 of the NDPS Act, 1985. However, while
framing charges, the learned Trial Court has wrongly been framed
the charge under Section 8/21 of the NDPS Act. He submits that
the accused-applicant had admitted his crime, and the learned
Trial Court has imposed upon him a sentence of six months'
rigorous imprisonment, as the quantity of the recovered narcotic
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substance was below the commercial quantity. He also 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, implores this
Court to allow the application for suspension of sentence.
3. Per Contra, learned Public Prosecutor opposes the application
for suspension of sentence and submits that the present case is
one where the accused-applicant himself has admitted to the
commission of the offence, and that the accused-applicant does
not deserve to be granted the benefit of suspension of sentence
application.
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, the quantity of
the recovered narcotic substance is below the commercial
quantity, and the punishment imposed upon the appellant-
applicant is six months' rigorous imprisonment, the appellant-
applicant was initially implicated under Sections 8/29 of the NDPS
Act, 1985, whereas the learned Trial Court has wrongly been
framed charges under Section 8/21 of the NDPS Act, 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.
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, District Hanumangarh, vide
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judgment dated 06.10.2025 in Sessions Case No.51/2025, against
the appellant-applicant Govind @ Kinda @ Ginda S/o Gyan
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 18.11.2025 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.
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
11-devrajP/-
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