1. Appeal against conviction and sentence under the Narcotic Drugs and Psychotropic Substances Act, 1985 — Third application for suspension of sentence pending appeal. (Para 1 )
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2026 Supreme(Raj) 692
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
ASHOK KUMAR JAIN, J.
Arun Kumar Pandey S/o Jaleshwar Pandey – Appellant
Versus
Union of India – Respondent
S.B. Criminal Misc. 3rd Suspension of Sentence Application (Appeal) No. 197 of 2026, S.B. Criminal Appeal No. 1968 of 2018
Decided On : 25-02-2026
Advocates Appeared:
For the Appellant : Deepak Chauhan
For the Respondents: Tej Prakash Sharma, Vaibhav Jhankara
For the Appellant : Deepak Chauhan
For the Respondents: Tej Prakash Sharma, Vaibhav Jhankara
Suspension of sentence can be granted to an appellant who has served a substantial portion of their maximum sentence (e.g., over 92%), based on the period of incarceration and parity with co-accused, regardless of previous dismissals of bail applications.
Headnote:(A) Narcotic Drugs and Psychotropic Substances Act - Suspension of Sentence - Period of incarceration - Application for third suspension of sentence in a pending criminal appeal against conviction and sentence - Where the appellant has undergone more than 92% of the maximum sentence awarded (serving over 9 years against a 10-year term), the court may grant the benefit of suspension of sentence based on the period of incarceration and parity with co-accused (Paras 5, 6, 7).
Facts of the case:
An appeal was filed against a judgment of conviction and sentence. Two previous applications for suspension of sentence were dismissed. A special leave petition was also dismissed by the apex court, although liberty was granted to the appellant to reiterate the prayer for bail if the appeal continued to remain pending for another year. The appellant has served a total of 9 years, 1 month, and 19 days against a maximum sentence of 10 years.
Findings of Court:
Considering the period of incarceration and the fact that similar relief was extended to a co-accused, the court found it appropriate to grant the suspension of sentence without expressing an opinion on the merits of the case (Para 7).
Issues: Whether the appellant is entitled to the suspension of sentence based on the length of the period of incarceration and parity with a co-accused.
Ratio Decidendi: The court ruled that taking note of a substantial period of incarceration (in this case, exceeding 90% of the maximum sentence) justifies the grant of suspension of sentence until the disposal of the appeal, ensuring parity with similarly situated co-accused (Paras 6 and 7).
Result: Application allowed.
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2. Appellant contends trial court erred by disregarding legal principles, material contradictions, and discrepancies; prosecution relied solely on interested witnesses without independent corroboration. (Para 2 )
3. Court considered custody certificate showing appellant served over 9 years against 10-year maximum, i.e., 92% of sentence, and noted similar case allowed suspension based on period of custody. (Para 5 , 6 )
4. Prolonged incarceration exceeding 92% of maximum sentence justifies suspension of sentence pending appeal, following principles in Bhagwan Ram Shinde Gosai, Lakwinder Singh, and Atul. (Para 6 , 7 )
5. Third suspension of sentence application allowed; sentence suspended until appeal disposal with conditions including personal bond, surety, monthly attendance, and no criminal activity. (Para 8 , 9 , 10 , 11 )
6. Does prolonged incarceration, constituting a substantial portion of the maximum sentence, justify suspension of sentence pending appeal?
Yes, the court held that where the appellant has served over 92% of the maximum sentence, suspension of sentence is appropriate, relying on precedents emphasizing period of custody as a ground. (Para 5 , 6 , 7 )
7. What conditions may be imposed when suspending sentence pending appeal?
Conditions may include executing a personal bond with sureties, appearing before the court as directed, not indulging in criminal activity, reporting to police station monthly, and informing of address changes. (Para 8 )
ORDER :
1. The instant 3rd SOS application is preferred by appellant-appellant-accused-Arun Kumar Pandey S/o Jaleshwar Pandey, (hereinafter referred as ‘the appellant’) in pending criminal appeal, which was filed aggrieved from judgment of conviction and sentence dated 18.08.2018 in Session Case No.25/2017 passed by learned Special Judge (NDPS) Cases, Dausa.
2. Learned counsel for the appellant while relying upon grounds of appeal submitted that without observing principle of law learned trial court has arrived at a conclusion of conviction. He further submitted that learned trial court has overlooked material contradictions and discrepancies, which goes to root of the matter. He further submitted that the entire case of prosecution rests on testimony of interested witness and no independent witness was examined to corroborate the story of prosecution.
3. Considered submissions of learned counsel for the appellant and learned Special Public Prosecutor appearing on behalf of the respondent.
4. First application for suspension of sentence of the appellant was dismissed by this Court on 10.04.2023 and second application for suspension of sentence on 06.03.2025. In the meanwhile, the appellant has approached Hon'ble Supreme Court by filing SLP (Crl.) No. 10418/2023 which was dismissed on 13.12.2023. While dismissing the SLP (Crl.), the Hon'ble Supreme Court has given liberty to the appellant to approach the High Court for expeditious disposal of the pending criminal appeal but with a rider that if the appeal continues to remain pending for one more year, the appellant is at liberty to reiterate the prayer of bail.
5. Learned Special Public Prosecutor has submitted a custody certificate which indicate that the appellant has undergone sentence of more than 9 years 1 month and 19 days against maximum sentence of 10 years to the appellant-accused which is 92% of the sentence awarded to the appellant.
6. This Court has considered identical case of Mahesh Kumar Goswami on 20.01.2026 and allowed the application for suspension of sentence only on the ground of period of custody while considering judgment dated 08.05.2025 in Suo Moto Writ Petition (Criminal) No. 4/2021 in Re Policy Strategy for Grant of Bail wherein Hon'ble Supreme Court has considered judgment in cases of Bhagwan Ram Shinde Gosai Vs. State of Gujarat , (1999) 4 SCC 421, NCB Vs. Lakwinder Singh , 2025 SCC Online SC 366 and Atul @ Ashutosh Vs. State of U.P. 2024 (3) SCC 663.
7. At this stage, it is not possible to express any opinion on the merits of the case and having taken note on the period of incarceration, it is appropriate to extend the benefit to the appellant as extended to co-accused Mahesh Kumar Goswami Son Of Rampratap Goswami.
8. In view of discussion made hereinabove, the instnat 3rd suspension of sentence application is hereby allowed and it is ordered that sentence of appellant-accused-Arun Kumar Pandey S/o Jaleshwar Pandey is suspended till disposal of appeal with the condition that he would execute 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 13.05.2026 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-
1. That the appellant accused shall not indulge in any criminal activity and not repeat crime of any nature during period of suspension of sentence/bail.
2. The appellant shall mark his attendance on every month in the concerned Police Station.
3. That the appellant will appear before the Trial Court in the month of January of every year till the appeal is decided.
4. That if the appellant 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.
5. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.
9. In case, the appellant/applicant has violated any condi
