Rajasthan High Court - Jodhpur
Omprakash vs State Of Rajasthan (2025:Rj-Jd:40673) on 11 September, 2025
[2025:RJ-JD:40673]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1537/2025
Omprakash S/o Rana Ram, Aged About 31 Years, R/o Basani
Nikuba Police Station Dangiyawas District Jodhpur (At Present
Lodged In Central Jail Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1627/2025
Sunil Kumar S/o Shri Malaram, Aged About 33 Years, R/o Bablo
Ki Dhani, Fitkasani, P.s. Luni, District Jodhpur, (Raj) (Presently
Lodged At Central Jail Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Raghunath Bishnoi
Mr. Bhanwaru Ram
For Respondent(s) : Mr. Narendra Gehlot, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
11/09/2025
1. Heard learned counsel for the appellants-applicants as well
as learned Public Prosecutor and perused the material available on
record.
2. Learned counsels for the appellants-applicants submit that
the appellants-applicants have been convicted for the offences
(Uploaded on 11/09/2025 at 04:23:25 PM)
[2025:RJ-JD:40673] (2 of 4) [SOSA-1537/2025]
under Section 8/21 of NDPS Act. Learned counsel for the
appellants-applicants submits that the contraband recovered from
them is below commercial quantity and the maximum punishment
imposed upon the appellants-applicants is four years rigorous
imprisonment. They further submit that there are no criminal
antecedents of identical nature of both the appellants-applicants
and on merit also there has been no compliance of Section 50 of
the NDPS Act, 1985, inasmuch as the officer concerned was
examined as PW-6, who has not even stated anything about giving
of the notice wherein compliance of Section 50 was made by him
prior to undertaking the search from the appellants-applicants.
They further submit that both the appellants-applicants were on
bail during the course of trial and behind the bars from the date of
judgment. They thus, pray that the appellants-applicants are
entitled for suspension of sentence.
3. Learned Public Prosecutor opposes the application for
suspension of sentence and submits that the learned trial Court
has dealt with each and every aspect with regard to the
compliance of mandatory provisions under Sections 42 & 50 of the
NDPS Act, 1985, and thereafter, has given the finding and
convicted the appellants-applicants, therefore, the application in
question deserves to be dismissed.
4. I have heard the arguments advanced on behalf of both the
sides and having regards to the facts and circumstances of the
case as well as the facts that the appellants-applicants were on
bail during the course of trial, the contraband recovered from
them is below commercial quantity and there are no criminal
antecedents of identical nature of both the appellants-applicants
(Uploaded on 11/09/2025 at 04:23:25 PM)
[2025:RJ-JD:40673] (3 of 4) [SOSA-1537/2025]
and there are arguable points with regard to compliance of Section
50 of the NDPS Act in the present case as also considering the fact
that 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 (Old Section 389 Cr.P.C.) is allowed
and it is ordered that the sentence passed by the learned Special
Judge (NDPS Cases) No.1, Jodhpur, vide judgment dated
04.08.2025 in Sessions Case No.36/2013 (NCV No.191/2014),
against the appellants-applicants namely; (1) Omprakash S/o
Rana Ram & (2) Sunil Kumar S/o Shri Malaram, shall remain
suspended till final disposal of the aforesaid appeal and they shall
be released on bail, provided each of them execute 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 their
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/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 appellants-applicants in a separate file. Such file be registered
(Uploaded on 11/09/2025 at 04:23:25 PM)
[2025:RJ-JD:40673] (4 of 4) [SOSA-1537/2025]
as Criminal Misc. Case related to original case in which the
appellants-applicants 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 appellants-applicants 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
75-76-Love/-
(Uploaded on 11/09/2025 at 04:23:25 PM)
Powered by TCPDF (www.tcpdf.org)
