[2025:RJ-JP:16027] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc 4th Suspension Of Sentence Application (Appeal) No.723/2025 In S.B. Criminal Appeal No.1101/2023 Bhagirath Son Of Nrisinghram, Aged About 47 Years, Resident Of Village Vishnu Nagar, Police Station Luni, District Jodhpur Rajasthan (At Present Confined In Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Shantnu Bansal For Respondent(s) : Mr. Jitendra Singh Rathore, PP JUSTICE ANOOP KUMAR DHAND Order 15/04/2025 1. Learned counsel for the appellant submits that the third suspension of sentence application submitted by the appellant and co-accused Rakesh was rejected by this Court vide order dated 29.11.2024. Learned counsel submits that the Hon’ble Apex Court has suspended the sentence awarded to the co-accused Rakesh while deciding Special Leave to Appeal (Crl.) No.486/2025 vide order dated 01.04.2025. Learned counsel submits that the case of the appellant is at par with the case of the co-accused Rakesh, hence the same indulgence be granted to the appellant as well. 2. Per contra, learned Public Prosecutor has opposed the suspension of sentence application. 3. Heard learned counsel for the appellant and learned Public Prosecutor and perused the material available on record. 4. Considering the arguments put forward by the counsel for the appellant and looking to the fact that after rejection of the [2025:RJ-JP:16027] (2 of 3) [SOSA-723/2025] third application for suspension of sentence submitted by the appellant along-with co-accused Rakesh, the Hon’ble Apex Court has suspended the sentence awarded to co-accused Rakesh vide order dated 01.04.2025 by observing as under:- “Heard learned counsel for the parties and perused the material placed on record. Considering the facts and circumstances of the case and the period of incarceration already undergone by the petitioner, which is about five years, we are inclined to suspend the sentence pending appeal before the High Court and grant bail to the petitioner. In view of the above, we direct that the petitioner be released on bail in connection with the FIR No. 207 of 2018 dated 20.05.2018 registered at Police Station Bagru, Jaipur West, Rajasthan subject to such terms and conditions as may be imposed by the Trial Court during the pendency of the appeal. The special leave petition and pending applications are disposed of accordingly.” 5. Looking to the fact that the case of the petitioner is at par with the case of co-accused Rakesh and also looking to the fact that the appellant is in custody since more than four years, therefore, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-appellant Bhagirath. 6. Accordingly, the 4th application for suspension of sentence filed by the appellant under Section 430 B.N.S.S. is allowed and the sentence awarded by the Court of Special Judge of NDPS Cases, Jaipur vide judgment dated 03.05.2023 in Sessions Case No.19/2018 against the appellant Bhagirath shall remain suspended till final disposal of the aforesaid appeal, subject to the condition that the appellant shall deposit the fine amount, as [2025:RJ-JP:16027] (3 of 3) [SOSA-723/2025] imposed by the Trial Court and he shall be released on bail provided he executes a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two sureties of Rs.1,00,000/- (Rupees One Lakh Only) each to the satisfaction of the learned trial Court for appearance before this Court on 15.05.2025 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:- 1. That he shall appear before the trial Court in the month of January of every year till the appeal is decided. 2. That if the Appellant changes the place of residence and mobile number, he will give in writing his changed address and mobile number 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. 4. Appellant shall deposit a fine amount as imposed by the learned trial Court. 7. The learned trial Court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case, in which the accused- appellant 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 accused-appellant does not appear before the trial court, the learned trial Judge shall report the matter to the High Court for cancellation of bail. (ANOOP KUMAR DHAND),J Karan/2