Rajasthan High Court - Jodhpur
Jasvindra Singh vs State Of Rajasthan on 11 September, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2166/2025
Jasvindra Singh S/o Makhan Singh, Aged About 445 Years,
Resident Of Mallan Police Station Kotbhai Tehsil Gidarwah District
Muktsar Punjab (At Present Lodged In District Jail Hanumangarh)
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Ramawatar Singh Choudhary
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.2166/2025:-
1. Admit.
2. Call for the record.
IN S.B. Criminal Misc. Bail Application for Suspension of
Sentence No.1673/2025:-
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. 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 Section 8/15(B) of the NDPS Act,
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1985 for rigorous imprisonment for a period of three 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 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
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
attributable to the appellant-applicant, recovery of narcotic
substance is of below commercial quantity, the punishment
imposed upon the appellant-applicant is only three years' rigorous
imprisonment, there are arguable points with regard to non-
compliance of the provisions of the N.D.P.S. Act, 1985, the
appellant-applicant was on bail during the course of trial, and the
chances of hearing of appeal in near future being bleak, this Court
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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 is allowed and it is ordered that the
sentence passed by the learned Special Judge, N.D.P.S. Cases,
Rawatsar, District Hanumangarh, vide judgment dated 30.08.2025
in Sessions Case No.12/2025 (Old Sessions Case No.30/2018),
against the appellant-applicant Jasvindra Singh S/o Makhan
Singh, 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
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.
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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
6-devrajP/-
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