[2025:RJ-JP:16812] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 642/2025 In S.B. Criminal Appeal No.775/2025 Sharwan Singh S/o Shri Guman Singh, Resident Of Thimoli Police Station Ramgarh Sethan, District Sikar (Rajasthan) (Accused Presently Confined In Sub Jail, Fatehpur) ----Petitioner Versus State Of Rajasthan, Through The Public Prosecutor ----Respondent For Petitioner(s) : Mr. Deepak Soni For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 21/04/2025 1. The instant application for suspension of sentence is preferred by appellant-Sharwan Singh S/o Shri Guman Singh aggrieved from order of conviction and sentence dated 18.03.2025 in Sessions Case No.16/2021 passed by learned Special Judge (NDPS Act Cases) (Additional District and Sessions Judge, Fatehpur), Sikar whereby appellant was convicted for offence under Sections 8/15 and 8/20 of NDPS Act and sentenced accordingly. 2. Learned counsel for the appellant submitted that appellant is an innocent person and he was falsely implicated by police. He further submitted that at the time of search and seizure, mandatory provisions of law were not followed by police. He also [2025:RJ-JP:16812] (2 of 4) [SOSA-642/2025] referred the cross-examination of material witnesses and submitted that the trial court has ignored discrepancies and material contradictions. At last, he submitted that appellant was on bail during trial and disposal of appeal will take its own time as the matter pertains to recovery of quantity slightly higher than small quantity but lesser commercial quantity. 3. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted custody certificate and same is taken on record. He also submitted that no other criminal case is pending against the appellant. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. On the basis of information, SHO P.S. Sadar, Fatehpur has intercepted one person in night of 26.09.2020 and on search found that poppy straw (crushed capsule of poppy husk) and Gajna were recovered. The quantity of poppy straw is 2 Kg 400 gm whereas Ganja is 375 gms. On the basis of seizure memo, Ex.P-4, FIR NO.138/2020 was registered at P.S. Sadar, Fatehpur Sikar. After investigation, police has filed charge-sheet against the appellant. The prosecution has examined 12 witnesses and exhibited 28 documents after framing of charge. The accused was examined under Section 313 Cr.P.C. and he opted not to submit any defence evidence. Learned trial court has convicted appellants under Sections 8/15 and 8/20 of NDPS Act. 6. The appellant was on bail during trial and disposal of appeal will take its own time. It is not possible for us to express any opinion on merits of the case about the discrepancies and [2025:RJ-JP:16812] (3 of 4) [SOSA-642/2025] contradictions as referred by learned counsel for appellant, therefore it is appropriate to allow SOS application. 7. Therefore, without expressing any opinion on merits, I am of considered view that it is a fit case wherein appellant can be enlarged on bail. The application under Section 430(1) B.N.S.S. is allowed and sentence of appellant accused-Sharwan Singh S/o Shri Guman Singh is suspended till disposal of appeal with the condition that he would 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 30.07.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. After release of appellant on bail, he will not indulge in any criminal activity and if it is found that he is involved in any criminal activity, the order shall be recalled. 2. That he/ will appear before the trial Court in the month of January of every year till the appeal is decided. 3. 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. 4. Similarly, if the sureties change their address, they will give in writing their changed address to the trial Court. 8. Misc. Application stands disposed of. [2025:RJ-JP:16812] (4 of 4) [SOSA-642/2025] 9. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /29