Rajasthan High Court - Jodhpur
Raees Ali vs State Of Rajasthan on 17 October, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2447/2025
Raees Ali S/o Liyakat Ali, Aged About 40 Years, Resident Of Ward
No. 34, Near Bada Mandir, Gulmandi, Police Station Bhimganj
District Bhilwara.
(At Present Lodged In District Jail, Bhilwara.)
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Rakesh Matoria
For Respondent(s) : Mr. Shir Ram Choudhary, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
17/10/2025
IN S.B. Criminal Appeal (SB) No. 2447/2025:-
1. Admit.
2. Call for the record.
IN S.B. Criminal Misc. Bail Application for Suspension of
Sentence No.1965/2025:-
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
narcotic substance recovered was below commercial quantity. He
further raises the ground regarding non-compliance of mandatory
provisions of the NDPS Act, 1985. He further submits that there
are no criminal antecedents and the appellant-applicant was on
(Uploaded on 17/10/2025 at 03:22:08 PM)
(2 of 3) [CRLAS-2447/2025]
bail during the course of trial. 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, including compliance of provisions of the NDPS Act, 1985,
and thereafter 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 upon the appellant-applicant is 6 months'
rigorous imprisonment, 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, Bhilwara, vide judgment dated
10.10.2025 in Sessions Case No. 07/2019 against the appellant-
applicant Raees Ali S/o Liyakat Ali 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.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
(Uploaded on 17/10/2025 at 03:22:08 PM)
(3 of 3) [CRLAS-2447/2025]
court on 19.11.2025 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
7-charul/-
(Uploaded on 17/10/2025 at 03:22:08 PM)
Powered by TCPDF (www.tcpdf.org)
