Chiman Lal vs State Of Rajasthan
2025 Latest Caselaw 13332 Raj

Citation : 2025 Latest Caselaw 13332 Raj
Judgement Date : 17 September, 2025

Rajasthan High Court - Jodhpur

Chiman Lal vs State Of Rajasthan on 17 September, 2025

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               S.B. Criminal Appeal (Sb) No. 2210/2025

Chiman Lal S/o Pala Ram, Aged About 30 Years, Resident Of
Ward      No    41   Sureshiya        Hanumangarh                Junction   District
Hanumangarh Rajasthan (Lodged In Dist. Jail Hanumangarh)
                                                                     ----Appellant
                                    Versus
State Of Rajasthan, Through PP
                                                                   ----Respondent


For Appellant(s)          :     Mr. Kuldeep Sharma
For Respondent(s)         :     Mr. Narendra Gehlot, PP
                                Mr. Omprakash Choudhary



               HON'BLE MR. JUSTICE SANDEEP SHAH

Order

17/09/2025

IN S.B. Criminal Appeal (SB) No.2210/2025:-

1. Admit.

2. Call for the record.

IN S.B. Criminal Misc. Bail Application for Suspension of

Sentence No.1737/2025:-

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

Sections 8/15, 25 & 29 of the NDPS Act, 1985. He submits that

the narcotic substance recovered from the appellant-applicant is

below commercial quantity and the learned Trial Court has

convicted the appellant-applicant under Sections 8/15, 25 & 29 of

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the NDPS Act, 1985 for a period of only one year's rigorous

imprisonment. 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 the 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 and the

same is proved. He submits that 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 facts that there are no criminal antecedents

attributable to the appellant-applicant, recovery of narcotic

substance is of below commercial quantity, further, the

punishment imposed upon the appellant-applicant is only one

year's rigorous imprisonment, there are various arguable points

with regard to the recovery and compliance of the mandatory

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provisions of the N.D.P.S. Act, 1985, 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

Addtional District & Session Judge, N.D.P.S., Cases, Sangaria,

District Hanumangarh, vide judgment dated 10.09.2025 in

Session (NDPS) Case No.29/2019 (CIS No.50/2019), against the

appellant-applicant Chiman Lal S/o Pala Ram, 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 17.10.2025 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 41-devrajP/-

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