##PAGE1##

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Appeal (Sb) No. 596/2026

Madanlal S/o Devatram, Aged About 39 Years, Phephana, Nohar, District Hanumangarh, Raj. (At Present Lodged In Sub-Jail

Nohar, District Hanumangarh)

----Appellant Versus

State Of Rajasthan, Through PP ----Respondent

For Appellant(s) : Mr. Vinod Kumar Sihag Mr. Gorkh Singh

For Respondent(s) : Mr. Sriram Choudhary, PP

HON'BLE MR. JUSTICE SANDEEP SHAH

Order

01/04/2026

IN S.B. Criminal Appeal (SB) No. 596/2026 :-

1. Admit.

2. Call for the record.

IN S.B. Criminal Misc. Bail Application for Suspension of

Sentence No.557/2026:-

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 offences under Section 8/21 of the NDPS Act, 1985. He submits that the narcotic substance recovered from the appellant-applicant is of below commercial quantity and the learned Trial Court has convicted the appellant-applicant under Section 8/21 of the NDPS Act, 1985 for rigorous imprisonment for a period of one month, out of which, he

(Uploaded on 01/04/2026 at 04:54:01 PM)

(Downloaded on 01/04/2026 at 07:14:23 PM)

(2 of 4) [CRLAS-596/2026]

has already undergone 15 days of custody. He also submits that the co-accused, namely Ashok Kumar, has already been acquitted by the learned Trial Court and the case of the present appellant– applicant stands on a better footing and the recovery has been undertaken without complying with the mandatory provisions of the NDPS Act, 1985. He submits that there is no chance of hearing of the appeal in near future. He further submits that there are no criminal antecedents attributable to the appellant-applicant. In these circumstances, he prays that the appellant-applicant may be

released on bail by allowing suspension of sentence application.

3. Per contra, learned Public Prosecutor opposes the application for suspension of sentence and submits that considering the entire facts of the case and having perused the material available on record, the learned Trial Court has rightly convicted the appellant- applicant and, therefore, the appellant-applicant should not be

enlarged on bail.

4. Upon consideration of the arguments advanced on behalf of both the sides and having regards to the facts and circumstances of the case including the facts that there are no criminal antecedents attributable to the appellant-applicant, recovery of contraband is of below commercial quantity, further, the punishment imposed upon the appellant-applicant is only one month’s rigorous imprisonment, out of which, 15 days of custody has already been undergone; there are arguable points with regard to non-compliance of the provisions of the N.D.P.S. Act, 1985, as also, the fact that chances of hearing of appeal in near future are bleak, this Court is of the opinion that it is a fit case for

(Uploaded on 01/04/2026 at 04:54:01 PM)

(Downloaded on 01/04/2026 at 07:14:23 PM)

(3 of 4) [CRLAS-596/2026]

suspending the sentence awarded to the accused appellant-

applicant.

5. Accordingly, the application for suspension of sentence filed under Section 430 BNSS is allowed and it is ordered that the sentence passed by the learned Special Judge, NDPS Act Cases (Additional Sessions Judge No.01), Nohar, District Hanumangarh in Session (NDPS) Case No.54/2022, arising out of FIR No.79/2021 at Police Station Nohar, District Hanumangarh, against the appellant-applicant Madanlal S/o Devatram, 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 04.05.2026 and whenever ordered to do so till the

disposal of the appeal on the conditions indicated below:-

1. That he/she/th