[2025:RJ-JP:29887] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc 2nd Suspension Of Sentence Application No. 995/2025 in S.B. Criminal Appeal No. 2901/2023 Vishambhar Das Son Of Shri Sitaram Das, Aged About 55 Years, Resident Of Shri Ram Janki Temple, Mahal Yojna Obc Colony Jagatpura Pratap Nagar, Jaipur (Raj) (At Present Confined In Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Vivek Goyal For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 04/08/2025 1. Instant 2nd SOS application is preferred by appellant accused Vishambhar Das in pending appeal, filed aggrieved from judgment of conviction and sentence dated 29.09.2023 in sessions case no. 66/2017 arising out of FIR no. 885/2016 P.S. Pratapnagar, Jaipur (East) passed by learned Special Judge (NDPS Act cases) Jaipur Metropolitan-I whereby the appellant accused was convicted for offence under Section 8/18 of NDPS Act and sentenced to undergo imprisonment of six years with fine. 2. Learned counsel for appellant while relying upon judgments in case of Gurdev Singh Vs. State of Rajasthan 2011 (2) CRLR (Raj) 934 submits that when a person is found guilty [2025:RJ-JP:29887] (2 of 3) [SOSA-995/2025] under Section 8/18 of NDPS Act and he has served part sentence then he is entitled to be released on bail. He further referred judgment in case of Shambhulal Gurjar @ Rohit Vs. State of Rajasthan SLP (Criminal) no. 16671/2024, order dated 10.01.2025 passed by Hon’ble Supreme Court and submitted that after serving a sentence of nearly one year and eight months the accused was released on bail during pendency of appeal. He also submitted that after dismissal of first SOS application on 06.08.2024 this Hon’ble Court has directed for listing of appeal in the month of January, 2025 but the appeal has not been listed for hearing which resulted into delay in disposal of criminal case. He also submitted that there is no likelihood that the appeal will be considered in near future so appellant accused is entitled to be released on bail. 3. Aforesaid contentions were opposed by learned public prosecutor and he submitted custody certificate and same is taken on record. 4. Heard learned counsel for appellant and learned public prosecutor. Perused the record. 5. After considering the grounds as raised by counsel for appellant which includes some of the grounds regarding non- compliance of mandatory provision under the NDPS Act, Ist SOS application was dismissed by this Court on 06.08.2024. 6. The record clearly indicate that this appellant has undergone one year, eleven months and ten days against maximum sentence of six years. Present appellant accused was on bail during trial. 7. In case of Shambhulal Gurjar @ Rohit Vs. State of Rajasthan (supra), Hon’ble Supreme Court has granted bail to [2025:RJ-JP:29887] (3 of 3) [SOSA-995/2025] the appellant accused when he was charged with recovery of 60 kg of poppy husk/straw after one year and eight months of his custody. In case of Gurdev Singh Vs. State of Rajasthan (supra), a Coordinate Bench of this Court has allowed SOS application when appellant accused has served more than six and a half years out of awarded sentence of eight years. 8. Herein this case, one more case no. 559/2017 was shown against the appellant accused and same is under Section 306 IPC. While considering SOS application of present appellant accused and other accused on 06.08.2024 we have considered the merits of the case particularly the recovery though some serious objections were raised by learned counsel for appellant. The appellant has not served even 50% of the sentence, since the matter pertains to NDPS Act, therefore, it is not appropriate to release appellant accused before completing 50% of the sentence as regard to release on fixed term sentence is concerned. 9. In view of discussion made hereinabove, I am of the considered view that appellant accused is not entitled for grant of SOS (bail). 10. Hence, the second application for suspension of sentence preferred by appellant Vishambhar Das is hereby dismissed. 11. List appeal for hearing in the month of October, 2025. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /9