[Cites 3, Cited by 0]
Rajasthan High Court - Jodhpur
Dharmanath vs State Of Rajasthan (2026:Rj-Jd:37) on 5 January, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:37]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1771/2025
In
S.B. Criminal Appeal No.2259/2025
Dharmanath S/o Shri Balunath, Aged About 32 Years, Sakhta Ka
Kheda Rajpura Ps Aasind District Bhilwada Rajasthan (Presently
Lodged At Jail District Jail Rajsamand)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Bhima Nath Yogi, brother of the
appellant
For Respondent(s) : Mr. Shree Ram Choudhary, 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
27.08.2025 passed by the learned Additional Sessions Judge,
Nathdwara in Sessions Case No.03/2019 whereby he was
convicted and sentenced to suffer four years' rigorous
imprisonment along with a fine of Rs.40,000/- under Section 8/15
of NDPS Act.
2. Lawyers are abstaining from appearance in the Court.
3. Learned public prosecutor has vehemently opposed the
prayer made in the application for suspension of sentence.
4. I have perused the material available on record.
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5. The recovered contraband is well below demarcated
commercial quantity. The grounds mentioned in the appeal with
regard to non-compliance of mandatory provision has substance
and if the decided in favour of the appellant, he may get success
in the appeal which is not going to be heard in a near future due
to voluminous pendency hearing of the appeal would likely to take
a long time and further considering the submission that during the
entire course of trial, he remained on bail and did not misuse the
liberty so granted to him, 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
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.
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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
169-divya/-
(Uploaded on 07/01/2026 at 05:21:17 PM)
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