Rajasthan High Court - Jodhpur
Sameer Kha Alias Mada vs State Of Rajasthan on 20 September, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2238/2025
Sameer Khan Alias Mada S/o Shri Shergul Alias Kalu Khan, Aged
About 24 Years, R/o Kanora, Police Station- Rathanjana, District-
Pratapgarh, Rajasthan.
(Presently Lodged In District Jail Pratapgarh)
----Appellant
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
For Appellant(s) : Mr. Shiv Singh for
Mr. Vijay Kumar Gaur
For Respondent(s) : Mr. Narendra Gehlot, PP
Mr. OP Choudhary
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
20/09/2025
IN S.B. Criminal Appeal (SB) No. 2238/2025:-
1. Admit.
2. Call for the record.
IN S.B. Criminal Misc. Bail Application for Suspension of
Sentence No.1755/2025:-
1. Heard learned counsel for the appellant as well as learned
Public Prosecutor and perused the material available on record.
2. Learned counsel for the appellant submits that the quantity
of narcotic substance recovered was below commercial quantity.
He further raises the ground regarding the compliance of the
mandatory provisions of the NDPS Act, 1985. He further submits
that there are no criminal antecedents and the appellant was on
bail during the course of trial. He asserts that the conviction
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imposed is 2 years rigorous imprisonment only. He thus prays for
allowing of application for suspension of sentence.
3. Per contra, the learned Public Prosecutor opposes the
application for suspension of sentence and submits that the
learned Trial Court has considered each and every aspect of the
matter and after compliance of provisions of the NDPS Act, 1985,
the conviction order has been passed, and therefore, the accused-
appellant is not entitled for any indulgence whatsoever.
4. Upon consideration of the arguments advanced on behalf of
the appellant and having regard to the facts and circumstances of
the case, including the facts that the recovered contraband is
below commercial quantity, there are no criminal antecedents, the
conviction imposed is 2 years rigorous imprisonment, the
appellant was on bail during the course of trial and there is no
chance of hearing of the present appeal in near future, this Court
is of the opinion that it is a fit case for suspending the sentence
awarded to the accused appellant.
5. Accordingly, the application for suspension of sentence filed
under Section 389 of Cr.P.C./ Section 430 of BNSS, 2023 is
allowed and it is ordered that the sentence passed by the learned
Special Judge, NDPS Cases, Pratapgarh, vide judgment dated
09.09.2025 in Special Session Case No. 20/2020 against the
applicant Sameer Khan Alias Mada S/o Shri Shergul Alias Kalu
Khan 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.2,00,000/- with two sureties of
Rs.1,00,000/-, each to the satisfaction of the learned trial Judge
for his appearance in this court on 27.10.2025 and whenever
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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 accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/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 accused applicant(s) does/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
184-charul/-
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