HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Appeal (Sb) No. 2174/2025 Nandkishore Alias Bhura S/o Shri Gautam, Aged About 33 Years, R/o Jhasdi, Police Station- Pratapgarh, District Pratapgarh, Rajasthan.(Presently Lodged In Distt. Jail Pratapgarh)

----Appellant Versus State Of Rajasthan, Through Public Prosecutor.

----Respondent For Appellant(s) : Mr. Vijay Kumar Gaur For Respondent(s) : Mr. Narendra Gehlot, PP HON'BLE MR. JUSTICE SANDEEP SHAH

Order

08/09/2025 IN S.B. Criminal Appeal (SB) No. 2174/2025 :-

1. Admit.

2. Call for record.

IN S.B. Criminal Misc. Suspension of Sentence Application No.1677/2025:-

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

2. Learned counsel for the appellant-applicant submits that the appellant-applicant has been convicted for the offence under Section 8 read with 18(c) of the N.D.P.S. Act, 1985 and the contraband recovered from him is 650 grams (opium), which is, below commercial quantity. Learned counsel for the appellant- applicant further submits that the punishment imposed is 2 years rigorous imprisonment. He further submits that the appellant-

applicant was on bail during trial and he has no criminal antecedents, so also, there has been non-compliance of the mandatory provisions of the N.D.P.S. Act. He thus prays to allow the 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 argument threadbare and given categorical finding with regard to compliance of all the mandatory provisions under the N.D.P.S. Act, 1985.

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

applicant.

5. Accordingly, the application for suspension of sentence filed under Section 430 of BNSS is allowed and it is ordered that the sentence passed by the learned Special Judge, NDPS Cases, Pratapgarh, Rajasthan vide judgment dated 18.08.2025 in Special Session Case No.27/2022, against the appellant-applicant Nandkishore Alias Bhura S/o Shri Gautam 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.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance in this Court on 08.10.2025 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 appellant-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the appellant-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 appellant-applicant does not appear before the trial court, the learned trial Judge shall report the matter to