Rajasthan High Court - Jodhpur
Shivlal vs State Of Rajasthan on 11 September, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2165/2025
Shivlal S/o Sh. Bhanwar Lal, Aged About 48 Years, R/o Gandher,
Police Station- Pratapgarh, District- Pratapgarh, Rajasthan.
(Lodged In Dist. Jail Pratapgarh)
----Appellant
Versus
State Of Rajasthan, Through The Public Prosecutor.
----Respondent
For Appellant(s) : Mr. Vijay Kumar Gaur
For Respondent(s) : Mr. Narendra Gehlot, PP
Mr. Omprakash Choudhary
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
11/09/2025
IN S.B. Criminal Appeal (SB) No.2165/2025:-
1. Admit.
2. Call for the record.
IN S.B. Criminal Misc. Bail Application for Suspension of
Sentence No.1672/2025:-
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 offences under
Section 8/15 (B) of the NDPS Act, 1985 & 03/25 of the Arms Act,
1959. He submits that the narcotic substance recovered from the
appellant-applicant is below commercial quantity and that the
learned Trial Court has convicted the appellant-applicant under
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Section 8/15 (B) of the NDPS Act, 1985 & 03/25 of the Arms Act,
1959 for rigorous imprisonment for a period of two years only. He
further submits that the appellant-applicant was on bail during the
course of trial and has not misused the liberty granted by the
Court and that the recovery has been undertaken without
complying with the mandatory provisions of the NDPS Act, 1985.
He submits that there is no chance of hearing of the appeal in
near future. He also submits that there are no criminal
antecedents of identical nature attributable to the appellant-
applicant. In these circumstances, he prays that the appellant-
applicant may be released on bail by allowing suspension of
sentence application.
3. Per Contra, Learned Public Prosecutor opposes the
application for suspension of sentence and submits that there is
compliance of all the mandatory provisions of the NDPS Act, 1985
& 03/25 of the Arms Act, 1959 and the recovery has been effected
from the appellant-applicant, the learned trial Court has passed
the conviction against the appellant-applicant after dealing with
each and every aspect of the case and, therefore, the suspension
of sentence application in question deserves to be dismissed.
4. Upon consideration of the arguments advanced on behalf of
both the sides and having regard to the facts and circumstances of
the case including the fact that there are no criminal antecedents
of identical nature attributable to the appellant-applicant, recovery
of narcotic substance is of below commercial quantity, further, the
punishment imposed upon the appellant-applicant is only two
years' rigorous imprisonment, there are arguable points with
regard to non-compliance of the provisions of the N.D.P.S. Act,
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1985, and the appellant-applicant was on bail during the course of
trial, as well as, considering the fact that chances of hearing of
appeal in near future being 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 BNSS (Old Section 389 Cr.P.C.) is allowed
and it is ordered that the sentence passed by the learned
Special Judge, N.D.P.S., Cases, Pratapgarh, District Pratapgarh,
vide judgment dated 30.08.2025 in Session Case No.46/2021,
against the appellant-applicant Shivlal S/o Shri Bhanwar Lal,
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 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/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 appellant-applicant in a separate file. Such file be registered
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as Criminal Misc. Case related to original case in which the
appellant-applicant 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 appellant-applicant does 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
5-devrajP/-
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