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Rajasthan High Court - Jodhpur
Uka Ram vs State Of Rajasthan (2026:Rj-Jd:53) on 5 January, 2026
Author: Farjand Ali
Bench: Farjand Ali
[2026:RJ-JD:53]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 2257/2025
1. Uka Ram S/o Udaji, Aged About 50 Years, R/o Paladi
Solankiyan Sachore Ps Dist Sachore (Lodged In Dist. Jail
Jalore)
2. Gamana Ram S/o Somataji, Aged About 50 Years, R/o
Paladi Solankiyan Sachore Ps Dist Sachore
(Lodged In Dist. Jail Jalore)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : --
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 applicants in the matter of judgment
dated 18.11.2025 passed by the learned Special Judge, NDPS
Act Cases, Sanchore, District Jalore in Sessions Case
No.10/2022 whereby they were convicted and sentenced to
suffer maximum imprisonment of 4 years R.I. under Sections
8/18 & 29 of the NDPS Act along with a fine of Rs.25,000/-,
and additional two months' simple imprisonment in case of
default in payment of fine.
2. Lawyers are abstaining from giving appearance.
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3. Learned public prosecutor has vehemently opposed the
prayer made on behalf of the accused-applicants for releasing
the petitioners on application for suspension of sentence.
4. Heard and perused the material available on record.
5. This is the first offence of accused persons that they have
neither have previously nor at any time been convicted in any
criminal case and they have been undergoing the ordeal of
trial for the last about fourteen years.
6. Considering the submissions of learned counsel for the parties
and looking to the totality of facts and circumstances of the
case, more particularly the facts that the sentence of the co-
accused Kasturgiri has already been suspended by a
coordinate bench of this Court vide order dated 06.12.2025
and the case of the present accused-persons is not
distinguishable from the co-accused, therefore while
maintaining parity and looking to the fact that the hearing of
appeal is likely to take further more time and considering the
overall submissions, this court is of the opinion that it is a fit
case for suspending the sentence awarded to the accused-
appellants.
7. Accordingly, the application for suspension of sentence filed
under Section 430 of BNSS 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-applicants named above shall remain suspended till
final disposal of the aforesaid appeal and they shall be
released on bail provided they execute a personal bond in the
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sum of Rs.50,000/-with two sureties of Rs.25,000/- each to
the satisfaction of the learned trial Judge for their 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 they will appear before the trial Court in
the month of January of every year till the appeal
is decided.
(2) That if the applicants change the place of
residence, they will give in writing their changed
address to the trial Court as well as to the counsel
in the High Court.
(3) Similarly, if the sureties change their
addresses, they will give in writing their changed
address to the trial Court.
(FARJAND ALI),J
C-1-Samvedana/-
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