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Rajasthan High Court - Jodhpur
Ramesh Alias Harkharam vs State Of Rajasthan (2026:Rj-Jd:31) on 5 January, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:31]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1649/2025
in
S.B. Criminal Appeal No.2141/2025
Ramesh Alias Harkharam S/o Sahiram, Aged About 32 Years, R/o
Basni Nikuba, Police Station Dangiyawas, District Jodhpur
(Rajasthan) (Confined In Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Prakash, petitioner's brother,
preseent in person
For Respondent(s) : Mr. Surendra Bishnoi, PP
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
26.08.2025 passed by the learned Special Judge, NDPS Cases,
No.1, District Jodhpur in Sessions Case No.24/2013 whereby he
was convicted and sentenced to suffer maximum imprisonment of
of five years under Sections 8/18 of NDPS Act along with a fine of
Rs.50,000/- and in default of payment of fine, further undergo 1
year additional R.I.
2. It is contended by the learned counsel for the appellant that
the learned trial Judge has not appreciated the correct, legal and
factual aspects of the matter and thus, reached at an erroneous
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conclusion of guilt, therefore, the same is required to be
appreciated again by this court being the first appellate Court.
Hearing of the appeal is likely to take long time, therefore, the
application for suspension of sentence may be granted.
3. Per contra, learned public prosecutor has vehemently
opposed the prayer made by learned counsel for the accused-
applicant for releasing the appellant on application for suspension
of sentence.
4. Lawyers are abstaining from their appearance in the Court.
5. The appellant is behind the bars since passing of impugned
judgment. The arguments made in the bail application regarding
non-compliance of the mandatory provision of NDPS Act is worth
considering. Considering the fact mentioned in para 48 of the
judgment impugned wherein effect of admission by PW-6 Madan
Beniwal, police officer, has been incorporated wherein deposition
of contraband after seven years in the Neemach factory has been
mentioned certainly raises a serious doubt in the proceeding and
also considering other grounds raised in the application and that
hearing of the appeal would likely to take a long time, this court is
of the opinion that it is a fit case for suspending the sentence
awarded to the accused-appellant.
6. 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 on bail provided he
executes a personal bond in the sum of Rs.50,000/-with two
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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 their address(s), they
will give in writing their changed address to the trial
Court.
7. 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
166-chhavi/-
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