Rajasthan High Court - Jodhpur
Rohit Kumar vs State Of Rajasthan (2025:Rj-Jd:39888) on 9 September, 2025
[2025:RJ-JD:39888]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1265/2025
Rohit Kumar S/o Sh. Hukma Ram Mali, Aged About 29 Years, R/o
Village- Sayla, Tehsil And Police Station -Sayla, District - Jalore
(Raj) (Presently Lodged In District Jail, Jalore)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Chakravarti Singh Rathore
For Respondent(s) : Mr. Urja Ram Kalbi, PP
HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA
Order
09/09/2025
01. Heard learned counsel for the parties on the present
application for suspension of sentence.
02. Learned counsel for the applicant-appellant has submitted
that as per the FSL report the alleged contraband recovered in the
matter is found to be 31 grams of MD, which is below commercial
quantity. The applicant has already served the sentence for a
period of more than eleven months till date. Therefore, benefit of
suspending the sentence may be granted to the applicant-
appellant.
03. Learned Public Prosecutor has vehemently opposed the
present application for suspension of sentence.
04. Having considered the totality of facts and circumstances of
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the case, I consider it just and proper to suspend the substantive
sentence awarded to the accused appellant.
05. Accordingly, the present application for suspension of
sentence filed under Sec. 430(2) B.N.S.S. is allowed and it is
ordered that the substantive sentence passed by the Special
Court Judge, N.D.P.S. cases, Jalore (Raj.) vide judgment dated
06.06.2025 in Session Case No.11/2022 against appellant Rohit
Kumar shall remain suspended till final disposal of the aforesaid
appeal, 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 13.10.2025 and whenever ordered to do so, till the
disposal of the appeal on the conditions indicated below:-
1. That he will appear before the trial Court in the
month of January of every year till the appeal is
decided.
2. That if the appellant changes the place of
residence, he will give in writing his changed
address to the trial Court as well as to the counsel
in the High Court.
3. Similarly, if the sureties change their address,
they will give in writing their changed address to
the trial Court.
06. The learned trial Court shall keep the record of attendance of
the applicant-appellant in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
applicant-appellant 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 applicant-appellant does not appear before the trial Court, the
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learned trial Judge shall report the matter to the High Court for
cancellation of bail.
(CHANDRA SHEKHAR SHARMA),J
16-Vishal/-
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