HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal (Sb) No. 2355/2025 Kewal Singh S/o Jeet Singh, Aged About 40 Years, R/o Mohalan, Police Thana Kabarwala District Muktsar (Punjab). (At Present Lodged In Sub Jail Sedulsehar)

----Appellant Versus State Of Rajasthan, Through Pp ----Respondent For Appellant(s) : Mr. Jitendra Ojha For Respondent(s) : Mr. Narendra Gehlot, PP HON'BLE MR. JUSTICE SANDEEP SHAH

Order

10/10/2025 IN S.B. Criminal Appeal (SB) No. 2355/2025 :-

1. Admit.

2. Call for the record.

IN S.B. Criminal Misc. Bail Application for Suspension of Sentence No.1872/2025:-

1. Heard learned counsel for the applicant as well as learned Public Prosecutor and perused the material available on record.

2. Learned counsel for the applicant submits that the narcotic substance recovered was below commercial quantity. He further raises the ground regarding non-compliance of the mandatory provisions of the NDPS Act, 1985. He further submits that the applicant was on bail during the course of trial. He asserts that the conviction imposed is 2 years rigorous imprisonment only. He thus prays for allowing of application for suspension of sentence.

3. Per contra, the learned Public Prosecutor opposes the application for suspension of sentence and submits that the learned Trial Court has considered each and every aspect of the matter and after compliance of provisions of the NDPS Act, 1985, the conviction order has been passed, and therefore, the accused-

applicant is not entitled for any indulgence whatsoever.

4. Upon consideration of the arguments advanced on behalf of both sides and having regard to the facts and circumstances of the case, including the facts that the recovered contraband is below commercial quantity, the conviction imposed is 2 years rigorous imprisonment, the applicant was on bail during the course of trial and the chances of hearing of the present appeal in near future being bleak, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-applicant.

5. Accordingly, the application for suspension of sentence filed under Section 389 of Cr.P.C./ Section 430 of BNSS, 2023 is allowed and it is ordered that the sentence passed by the learned Additional Session Judge, Sadulsehar, Sriganganagar (Rajasthan), vide judgment dated 25.09.2025 in Criminal (Session) Case No. 154/2022 (CIS No.154/2022) against the applicant Kewal Singh S/o Jeet Singh 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.2,00,000/- with two sureties of Rs.1,00,000/-, each to the satisfaction of the learned trial Judge for his appearance in this court on 10.11.2025 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.

6. 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/do not appear before the trial Court, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

(SANDEEP SHAH),J

3-Love/-