Rajasthan High Court - Jodhpur
Kulvindra Singh Alias Kola vs State Of Rajasthan on 17 September, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2209/2025
Kulvindra Singh @ Kola S/o Shri Resham Singh, Aged About 22
Years, Resident Of Hakmabad Police Station Lalgrh Jatan Dist Sri
Ganaganagara At Present Lodged In Central Jail Sri Ganaganagar
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Sunil Vishnoi
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.2209/2025:-
1. Admit.
2. Call for the record.
IN S.B. Criminal Misc. Bail Application for Suspension of
Sentence No.1735/2025:-
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 8/22 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 8/22 of the NDPS Act, 1985
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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 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
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 two
years' rigorous imprisonment, there are various arguable points
with regard to the recovery and compliance of the mandatory
provisions of the N.D.P.S. Act, 1985, the appellant-applicant was
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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 Sessions Judge, Sadulshahar, District Sriganganagar,
vide judgment dated 19.08.2025 in Session Case No.112/2022
(44/2017), (CIS No.122/2022), against the appellant-applicant
Kulvindra Singh @ Kola S/o Shri Resham 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 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
as Criminal Misc. Case related to original case in which the
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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
40-devrajP/-
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