Rajasthan High Court - Jodhpur
Devi Lal vs State Of Rajasthan on 29 October, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2471/2025
Devi Lal S/o Shri Ratnaji, Aged About 24 Years, Resident Of
Devla Fala Adua, Police Station Parsola, District Pratapgarh.
----Appellant
Versus
State Of Rajasthan, Pp
----Respondent
For Appellant(s) : Mr. Gopal Singh Bhati
For Respondent(s) : Mr. Narendra Gehlot, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
29/10/2025
IN S.B. Criminal Appeal (SB) No. 2471/2025:-
1. Admit.
IN S.B. Criminal Misc. Bail Application for Suspension of
Sentence No.1986/2025:-
1. Heard learned counsel for the applicant as well as learned
Public Prosecutor and perused the material available on record.
2. Learned counsel for the applicant submits that the narcotic
substance recovered was below commercial quantity. He further
raises the ground regarding non-compliance of the mandatory
provisions of the NDPS Act, 1985. He further submits that the
applicant was on bail during the course of trial. He asserts that the
conviction imposed is 2 years 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
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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-
applicant is not entitled for any indulgence whatsoever.
4. Upon consideration of the arguments advanced on behalf of
both sides and having regard to the facts and circumstances of the
case, including the facts that the recovered contraband is below
commercial quantity, the conviction imposed is 2 years rigorous
imprisonment, the applicant was on bail during the course of trial
and the chances of hearing of the present appeal in near future
are being bleak, this Court is of the opinion that it is a fit case for
suspending the sentence awarded to the accused-applicant.
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, Sagwara (Additional District & Session
Judge Sagwara) District Dungarpur (Rajasthan), vide judgment
dated 20.09.2025 in Sessions Case No. 06/2023 (CIS
No.06/2023) against the applicant Devi Lal S/o Shri Ratnaji
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 court on 27.11.2025 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.
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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
6-Love/-
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