IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1150/2026 (@Special Leave Petition(Crl.) No.3352/2026)

RAKESH KUMAR GOND Appellant(s)

VERSUS THE STATE OF MADHYA PRADESH Respondent(s)

O R D E R

1. Exemption Applications are allowed.

2. Leave granted.

3. This appeal arises from the order passed by the High Court of Madhya Pradesh at Jabalpur in I.A. No.21404/2025 filed in Criminal Appeal No.2506/2025, by which the application preferred by the appellant praying for suspension of the substantive order of sentence of 12 years imposed by the Trial Court came to be rejected.

4. The impugned Order passed by the High Court reads thus:-

“None for the appellant Sbri Nitin Gupta - Government Advocate for the respondent/State. Since earlier application for suspension of sentence was dismissed on 28.07.2025.

Accordingly, I.A.No.21404 of 2025 which is repeat (second) application for suspension of sentence, is dismissed, with liberty to file a fresh application after 28.07.2026.”

Signa5ture. Not VerWifieed take notice of the fact that earlier in point of time, an VISHAL ANAND Date: 2026.02.28 Reason:

the substantive order of sentence. The first application preferred by the appellant came to be disposed of vide Order dated 28-7-2025.

6. The same reads thus:-

“Ms. Savita Acharya - Advocate for the appellant.

Shri Arvind Singh - Government Advocate for respondent/State.

In light of the law laid down in Narcotics Control Bureau vs. Kashif, 2024 SCC OnLine SC 3848, learned counsel for the appellant prays for withdrawal of I.A.No.6157 of 2025, an application for suspension of sentence and grant of bail to the appellant.

Accordingly, I.A.No.6157 of 2025 is dismissed as withdrawn.

List this case for final hearing in Part-B of the cause list as per its turn and seniority.”

7. We heard Mr. S.K. Gangele, the learned Senior counsel appearing for the appellant (convict) and Mr. Rajan Kumar Chourasia, the learned counsel appearing for the State of Madhya Pradesh.

8. It appears from the materials on record that the appellant was put to trial in connection with offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the “NDPS Act”).

9. The Trial Court held the appellant guilty of the alleged offence and sentenced him to undergo 12 years of rigorous imprisonment. The Judgment passed by the Trial Court holding the appellant guilty of the alleged offence has been challenged before the High Court by way of Criminal Appeal No.2506/2025.

10. The learned Senior counsel appearing for the appellant has manifold contentions to make good his case for suspension of sentence.

11. We are of the view that the impugned Order could be said to be a non-speaking order. The High Court ought to have considered whether there is anything palpable or whether there is any error apparent on the face of the record on the basis of which it could be said that the appellant has very fair chances of succeeding in the appeal.

12. In such circumstances, referred to above, we set aside the impugned Order passed by the High Court and remit the matter to the High Court for fresh consideration of the plea for suspension of the substantive order of sentence.

13. The High Court shall hear the parties once again and pass a fresh order keeping in mind the well-settled principles governing suspension of the substantive order of sentence of a fixed term.

14. With the aforesaid, the appeal stands disposed of.

15. Pending applications, if any, also stand disposed of.

…………………………………………J (J.B. PARDIWALA)

…………………………………………J (K.V.VISWANATHAN)

NEW DELHI

25TH FEBRUARY, 2026.

ITEM NO.44 COURT NO.7 SECTION II-E S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Crl.) No.3352/2026 [Arising out of impugned final judgment and order dated 05-01-2026 in IA No. 21404/2025 passed by the High Court of Madhya Pradesh Principal Seat at Jabalpur]

RAKESH KUMAR GOND Petitioner(s)

VERSUS THE STATE OF MADHYA PRADESH Respondent(s)

(IA No. 59293/2026 - EXE