[Cites 3, Cited by 0]
Rajasthan High Court - Jodhpur
Madanlal vs State Of Rajasthan on 1 April, 2026
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal (Sb) No. 596/2026
Madanlal S/o Devatram, Aged About 39 Years, Phephana, Nohar,
District Hanumangarh, Raj. (At Present Lodged In Sub-Jail
Nohar, District Hanumangarh)
----Appellant
Versus
State Of Rajasthan, Through PP
----Respondent
For Appellant(s) : Mr. Vinod Kumar Sihag
Mr. Gorkh Singh
For Respondent(s) : Mr. Sriram Choudhary, PP
HON'BLE MR. JUSTICE SANDEEP SHAH
Order
01/04/2026
IN S.B. Criminal Appeal (SB) No. 596/2026:-
1. Admit.
2. Call for the record.
IN S.B. Criminal Misc. Bail Application for Suspension of
Sentence No.557/2026:-
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 8/21 of the NDPS Act, 1985. He submits that the narcotic
substance recovered from the appellant-applicant is of below
commercial quantity and the learned Trial Court has convicted the
appellant-applicant under Section 8/21 of the NDPS Act, 1985 for
rigorous imprisonment for a period of one month, out of which, he
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has already undergone 15 days of custody. He also submits that
the co-accused, namely Ashok Kumar, has already been acquitted
by the learned Trial Court and the case of the present appellant-
applicant stands on a better footing and 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 further 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 considering the entire
facts of the case and having perused the material available on
record, the learned Trial Court has rightly convicted the appellant-
applicant and, therefore, the appellant-applicant should not be
enlarged on bail.
4. Upon consideration of the arguments advanced on behalf of
both the sides and having regards to the facts and circumstances
of the case including the facts that there are no criminal
antecedents attributable to the appellant-applicant, recovery of
contraband is of below commercial quantity, further, the
punishment imposed upon the appellant-applicant is only one
month's rigorous imprisonment, out of which, 15 days of custody
has already been undergone; there are arguable points with
regard to non-compliance of the provisions of the N.D.P.S. Act,
1985, as also, the fact that chances of hearing of appeal in near
future are bleak, this Court is of the opinion that it is a fit case for
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suspending the sentence awarded to the accused appellant-
applicant.
5. Accordingly, the application for suspension of sentence filed
under Section 430 BNSS is allowed and it is ordered that the
sentence passed by the learned Special Judge, NDPS Act Cases
(Additional Sessions Judge No.01), Nohar, District Hanumangarh
in Session (NDPS) Case No.54/2022, arising out of FIR
No.79/2021 at Police Station Nohar, District Hanumangarh,
against the appellant-applicant Madanlal S/o Devatram, 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 04.05.2026 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
appellant-applicant was tried and convicted. A copy of this order
shall also be placed in that file for ready reference. Criminal Misc.
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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
5-devrajP/-
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