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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Tej Prakash, S/o Shri Khiraj Nayak – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
| Table of Content |
|---|
| 1. application for suspension of sentence (Para 1) |
| 2. arguments for and against suspension of sentence (Para 2 , 3) |
| 3. court's analysis of standard for suspension of sentence (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. legal incompetence in search and seizure (Para 13 , 14) |
| 5. order for suspension of sentence granted (Para 15 , 16) |
ORDER :
FARJAND ALI, J.
1. The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 04.09.2025 passed by the learned Special Judge, NDPS Cases, District Sriganganagar in Sessions Case No.02/2021 whereby he was convicted and sentenced to suffer maximum imprisonment of 20 years of R.I. along with a fine of Rs.1,00,000/- under Section 8/22 of the NDPS Act.
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 conclusion of guilt, therefore, the same is required to be appreciated again by this court being the first appellate Court. The appellant was on bail during trial and did not misuse the liberty so granted to him; hearing of the appeal
Appellate courts may suspend sentences post-conviction if substantial grounds for appeal are evident, especially when the legality of evidence is in question.
The appellate court must assess the sustainability of the conviction in suspension of sentence applications, particularly focusing on prima facie errors and debatable issues in the trial court's find....
The court ruled that suspension of sentence is warranted where there appears to be a substantial possibility of success on appeal, necessitating reevaluation of trial findings and evidence.
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