Suspension of sentence justified when appellant on bail during trial and contraband is below commercial quantity, emphasizing lengthy appeal process.

ORDER :

MANOJ KUMAR GARG, J.

1.Heard.

2. Admit.

3. Issue notice.

4. Learned Asst. to Addl. Advocate General accepts notice on behalf of sole respondent.

5. Heard on application of suspension of sentence No.357/2025.

6. Learned counsel for the appellant submits that the appellant was on bail during the trial and the recovered contraband is below commercial quantity.

7. Upon a consideration of the arguments advanced on behalf of the appellant and having regard to the facts and circumstances of the case, the appellant was on bail during the trial and hearing of the appeal will take sufficient long time, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused appellant.

8. 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) No.2, Jodhpur, vide judgment dated 17.02.2025 in Sessions Case No.21/2023 (104/2012) against the appellant-applicant Shrawan Kumar S/o Shri Arjunram Vishnoi shall remain suspended till final disposal of the aforesaid appeal and he will be released on bail, provided he executes a personal bond in the sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of the learned trial Judge for his appearance in the court on 04.04.2025 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.

9. The learned trial Court shall keep the record of attendance of the accused-applicant(s) in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant(s) was/were 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(s) does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.