Rajasthan High Court - Jodhpur
Arvind vs State Of Rajasthan on 24 September, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2263/2025
1. Arvind S/o Shri Sarjeet, Aged About 25 Years, R/o Dhani
Lal Khan, Tehsil Rawatsar, District Hanumangarh.
(Lodged In Nohar Jail, Dist. Hanumangarh)
2. Vinod Kumar S/o Shri Indraj, Aged About 31 Years, R/o
Dhani Lal Khan, Tehsil Rawatsar, District Hanumangarh.
(Lodged In Nohar Jail, Dist. Hanumangarh)
----Appellants
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Bheem Raj
For Respondent(s) : Mr. Narendra Gehlot, PP
Mr. OP Choudhary
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
24/09/2025
IN S.B. Criminal Appeal No.2263/2025:-
1. Admit.
2. Call for the record.
IN S.B. Criminal Misc Suspension Of Sentence Application
(Appeal) No. 1780/2025 :-
1. Heard learned counsel for the appellants-applicants as well
as learned Public Prosecutor and perused the material available on
record.
2. Learned counsel for the appellants-applicants 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
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appellants-applicants were on bail during the course of trial. He
asserts that the conviction imposed is 3 years rigorous
imprisonment on Arvind and 6 months rigorous imprisonment on
Vinod Kumar 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-
appellants are not entitled for any indulgence whatsoever.
4. Upon consideration of the arguments advanced on behalf of
the appellants-applicants 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 3 years rigorous
imprisonment on appellant No.1 and 6 months rigorous
imprisonment on appellant No.2, the appellants-applicants were
on bail during the course of trial and the chances of hearing of the
present 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-appellants.
5. Accordingly, the applications for suspension of sentence filed
under Section 430 BNSS (Old Provision Section 389 of Cr.P.C.) are
allowed and it is ordered that the sentence passed by the learned
Learned Special Judge, NDPS Act Cases, Nohar, District
Hanumangarh, vide judgment dated 10.09.2025 in Sessions Case
No. 45/2021, against the appellants-applicants Arvind S/o Shri
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Sarjeet & Vinod Kumar S/o Shri Indraj shall remain
suspended till final disposal of the aforesaid appeal and they shall
be released on bail, provided each of them execute 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 their
appearance in this court on 27.10.2025 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 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
40-charul/-
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