Nandkishore Alias Bhura vs State Of Rajasthan
2025 Latest Caselaw 12768 Raj

Citation : 2025 Latest Caselaw 12768 Raj
Judgement Date : 8 September, 2025

Rajasthan High Court - Jodhpur

Nandkishore Alias Bhura vs State Of Rajasthan on 8 September, 2025

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Criminal Appeal (Sb) No. 2174/2025

Nandkishore Alias Bhura S/o Shri Gautam, Aged About 33 Years,
R/o Jhasdi, Police Station- Pratapgarh, District Pratapgarh,
Rajasthan.(Presently Lodged In Distt. Jail Pratapgarh)
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through Public Prosecutor.
                                                                ----Respondent


For Appellant(s)         :     Mr. Vijay Kumar Gaur
For Respondent(s)        :     Mr. Narendra Gehlot, PP



              HON'BLE MR. JUSTICE SANDEEP SHAH

Order

08/09/2025

IN S.B. Criminal Appeal (SB) No. 2174/2025:-

1. Admit.

2. Call for record.

IN S.B. Criminal Misc. Suspension of Sentence Application

No.1677/2025:-

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 offence under

Section 8 read with 18(c) of the N.D.P.S. Act, 1985 and the

contraband recovered from him is 650 grams (opium), which is,

below commercial quantity. Learned counsel for the appellant-

applicant further submits that the punishment imposed is 2 years

rigorous imprisonment. He further submits that the appellant-

(2 of 3) [CRLAS-2174/2025]

applicant was on bail during trial and he has no criminal

antecedents, so also, there has been non-compliance of the

mandatory provisions of the N.D.P.S. Act. He thus prays to allow

the 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 argument

threadbare and given categorical finding with regard to

compliance of all the mandatory provisions under the N.D.P.S. Act,

1985.

4. Upon a consideration of the arguments advanced on behalf

of the appellant and having regard to the facts and circumstances

of the case including the facts that the recovery alleged is below

commercial quantity, the conviction imposed is 2 years rigorous

imprisonment, the appellant-applicant was on bail during the

course of trial and the chances of hearing of appeal in near future

are 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 of BNSS is allowed and it is ordered that the

sentence passed by the learned Special Judge, NDPS Cases,

Pratapgarh, Rajasthan vide judgment dated 18.08.2025 in Special

Session Case No.27/2022, against the appellant-applicant

Nandkishore Alias Bhura S/o Shri Gautam 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

(3 of 3) [CRLAS-2174/2025]

satisfaction of the learned trial Judge for his appearance in this

Court on 08.10.2025 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.