Rajasthan High Court - Jodhpur
Hanuman Ram vs State Of Rajasthan on 25 September, 2025
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 2267/2025
Hanuman Ram S/o Late Shri Babulal, Aged About 32 Years,
Godaro Ki Dhani Guda Bishnoiyan PS Luni District Jodhpur
(Presently In Judicial Custody Central Jail Jodhpur)
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Bhanwaru Ram
For Respondent(s) : Mr. Narendra Gehlot, PP with
Mr. O.P. Choudhary
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
25/09/2025
IN S.B. Criminal Appeal (SB) No. 2267/2025:-
1. Admit.
2. Call for the record.
IN S.B. Criminal Misc. Bail Application for Suspension of
Sentence No.1781/2025:-
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
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-applicant
was on bail during the course of trial. He asserts that the
(Uploaded on 25/09/2025 at 06:31:26 PM)
(2 of 3) [CRLAS-2267/2025]
conviction imposed is 1 year 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 1 year rigorous imprisonment, the
appellant-applicant was on bail during the course of trial and the
chances of hearing of appeal in near further being bleak, 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 No.1 Jodhpur Metropolitan vide
judgment dated 17.09.2025 in Special Session Case No. 60/2013
(NCV No.314/2014) against the applicant Hanuman Ram S/o
Late Shri Babulal 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 29.10.2025 and
(Uploaded on 25/09/2025 at 06:31:26 PM)
(3 of 3) [CRLAS-2267/2025]
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
4-Love/-
(Uploaded on 25/09/2025 at 06:31:26 PM)
Powered by TCPDF (www.tcpdf.org)
