[2026:RJ-JD:39]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal)

No. 2067/2025 Mukhtiyar Singh S/o Shri Surjeet Singh, Aged About 36 Years, Resident Of Ward No.4, Near Main Gurudwara, 2 F Bada Gaon Khatalbana, District Sri Ganganagar. (Presently Lodged At Central Jail Sri Ganganagar)

----Petitioner Versus State Of Rajasthan, Pp ----Respondent For Petitioner(s) : Mr. Karnail Singh, brother of the applicant 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 applicant in the matter of judgment dated 28.10.2025 passed by the learned Special Judge, NDPS Cases, Sri Ganganagar, District Sri Ganganagar in Sessions Case No.67/2019 whereby he was convicted and sentenced to suffer maximum imprisonment of 10 years R.I. under Section

8/22 of the NDPS Act.

2. Lawyers are abstaining from giving appearance.

3. It is contended on behalf of the applicant 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. The sentence of the accused- petitioner has already been suspended by the trial court. He was on bail during trial and did not misuse the liberty so granted to him; hearing of the appeal is likely to take long time, therefore, the application for suspension of sentence may be granted.

4. Per contra, learned public prosecutor has vehemently opposed the prayer made on behalf of the accused-applicant for releasing the applicant on application for suspension of sentence.

5. Heard and perused the material available on record.

6. Considering the overall submissions of the parties and the allegedly recovered contraband is well below the commercial quantity, thus, the embargo contained under Section 37 and 32A of the NDPS Act is not attracted in the present case. Looking to the totality of facts and circumstances of the case while refraining from passing any comments on the niceties of the matter and the defects of the prosecution as the same may put an adverse effect on hearing of the appeal, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-appellant.

7. Accordingly, the application for suspension of sentence filed under Section 389 Cr.P.C. 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-applicant named above 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.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 05.02.2026 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

(1) That he will appear before the trial Court in the month of January of every year till the appeal is decided.

(2) That if the applicant 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.

(3) Similarly, if the sureties change his address, he will give in writing their changed address to the trial Court.

8. The learned trial Court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-applicant was 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 does not appear before the trial court, the learned trial Judge shall repor