Dinesh vs State Of Rajasthan
2025 Latest Caselaw 14338 Raj

Citation : 2025 Latest Caselaw 14338 Raj
Judgement Date : 16 October, 2025

Rajasthan High Court - Jodhpur

Dinesh vs State Of Rajasthan on 16 October, 2025

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                         JODHPUR
          S.B. Criminal Appeal (Sb) No. 2427/2025

Dinesh S/o Kanji, Aged About 25 Years, R/o Bakhatpura Police
Station Arthuna District Banswara Rajasthan (At Present Lodged
At Distt. Jail Banswara)
                                                   ----Appellant
                             Versus
State Of Rajasthan, Through PP
                                                ----Respondent


For Appellant(s)          :    Mr. Raghuveer Singh Bhati
For Respondent(s)         :    Mr. Sriram Choudhary, PP


              HON'BLE MR. JUSTICE SANDEEP SHAH

Order 16/10/2025

IN S.B. Criminal Appeal (SB) No.2427/2025:-

1. Admit.

2. Call for the record.

IN S.B. Criminal Misc. Bail Application for Suspension of

Sentence No.1949/2025:-

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 8/20 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 8/20 of the NDPS Act, 1985

for rigorous imprisonment for a period of one year's. 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.

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(2 of 3) [CRLAS-2427/2025]

He further submits that there is no chance of hearing of the

appeal in near future. He also submits that there are no criminal

antecedents attributable to the appellant-applicant. 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 there is 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, the

punishment imposed upon the appellant-applicant is one year's

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

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

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(3 of 3) [CRLAS-2427/2025]

Special Judge, N.D.P.S. Cases, Banswara, vide judgment dated

09.10.2025 in Special Sessions Trial No.75/2021, against the

appellant-applicant Dinesh S/o Kanji, 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 7-devrajP/-

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