[Cites 5, Cited by 0]
Rajasthan High Court - Jodhpur
Mukhtiyar Singh vs State Of Rajasthan (2026:Rj-Jd:39) on 5 January, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:39]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 2067/2025
Mukhtiyar Singh S/o Shri Surjeet Singh, Aged About 36 Years,
Resident Of Ward No.4, Near Main Gurudwara, 2 F Bada Gaon
Khatalbana, District Sri Ganganagar. (Presently Lodged At
Central Jail Sri Ganganagar)
----Petitioner
Versus
State Of Rajasthan, Pp
----Respondent
For Petitioner(s) : Mr. Karnail Singh, brother of the
applicant
For Respondent(s) : Mr. Surendra Bishnoi, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
05/01/2026
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment
dated 28.10.2025 passed by the learned Special Judge, NDPS
Cases, Sri Ganganagar, District Sri Ganganagar in Sessions
Case No.67/2019 whereby he was convicted and sentenced to
suffer maximum imprisonment of 10 years R.I. under Section
8/22 of the NDPS Act.
2. Lawyers are abstaining from giving appearance.
3. It is contended on behalf of the applicant that the learned
trial Judge has not appreciated the correct, legal and factual
aspects of the matter and thus, reached at an erroneous
conclusion of guilt, therefore, the same is required to be
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appreciated again by this court. The sentence of the accused-
petitioner has already been suspended by the trial court. He
was on bail during trial and did not misuse the liberty so
granted to him; hearing of the appeal is likely to take long
time, therefore, the application for suspension of sentence
may be granted.
4. Per contra, learned public prosecutor has vehemently
opposed the prayer made on behalf of the accused-applicant
for releasing the applicant on application for suspension of
sentence.
5. Heard and perused the material available on record.
6. Considering the overall submissions of the parties and the
allegedly recovered contraband is well below the commercial
quantity, thus, the embargo contained under Section 37 and
32A of the NDPS Act is not attracted in the present case.
Looking to the totality of facts and circumstances of the case
while refraining from passing any comments on the niceties
of the matter and the defects of the prosecution as the same
may put an adverse effect on hearing of the appeal, this court
is of the opinion that it is a fit case for suspending the
sentence awarded to the accused-appellant.
7. Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentence passed by learned trial Court, the details of which
are provided in the first para of this order, against the
appellant-applicant named above shall remain suspended till
final disposal of the aforesaid appeal and he shall be released
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on bail provided he executes a personal bond in the sum of
Rs.50,000/-with two sureties of Rs.25,000/- each to the
satisfaction of the learned trial Judge for his appearance in
this court on 05.02.2026 and whenever ordered to do so till
the disposal of the appeal on the conditions indicated below:-
(1) That he will appear before the trial Court in the month of
January of every year till the appeal is decided.
(2) That if the applicant changes the place of
residence, he will give in writing his changed
address to the trial Court as well as to the counsel
in the High Court.
(3) Similarly, if the sureties change his address, he will give
in writing their changed address to the trial Court.
8. The learned trial Court shall keep the record of attendance of
the accused-applicant in a separate file. Such file be
registered as Criminal Misc. Case related to original case in
which the accused-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 accused applicant
does not appear before the trial court, the learned trial Judge
shall report the matter to the High Court for cancellation of
bail.
(FARJAND ALI),J
176-Samvedana/-
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