[2025:RJ-JP:27472] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application No. 1071/2025 in S.B. Criminal Appeal No. 1416/2025 Praveen Kumar Son Of Ramdayal, Aged About 36 Years, R/o Mahu Ibrahimpur Police Station Sadar Hindaun District Karauli (Raj) (At Present Confined At District Jail Hindaun City) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Rajendra Prasad Gautam Mr. Anil Kumar Shukla For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 23/07/2025 1. The instant application for suspension of sentence is preferred by the appellant-applicant accused Praveen Kumar Son Of Ramdayal, (hereinafter referred to ‘the appellant’) in pending appeal aggrieved from order of conviction and sentence dated 14.05.2025 in Sessions Case No. 24/2014 passed by learned Special Judge, NDPS Act cases, no.1, Hindaun City, District Karauli whereby the appellant was convicted for offence under Section 8/15 of NDPS Act and further sentenced to undergo rigorous imprisonment of three years with fine of ₹25,000/-. 2. Learned counsel for the appellant submits that the appellant is an innocent person and he was falsely implicated in the matter. He further submits that no independent witness was called before [2025:RJ-JP:27472] (2 of 4) [SOSA-1071/2025] effecting search and seizure by concerned police officer. He further submitted that the police has not complied the mandatory provision under the NDPS Act and the trial court has ingored the material discrepancies in the cross-examination of material witnesses. He also submits that the appellant accused was on bail during trial and disposal of appeal will take its own time and further recovered quantity is less than commercial quantity. 3. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted custody certificate and same is taken on record. 5. Heard learned counsel for the appellant and learned Public Prosecutor. Perused the record. 6. On the basis of interception and search on 23.02.2013 7 kg of crushed poppy straw was recovered from a gunny bag in conscious possession of appellant accused and after effecting the process FIR no. 82/2013 under Section 8/15 of NDPS Act was registered at P.S. Sadar, Hindaun City, District Karauli. After investigation, police has filed charge-sheet against the appellant accused. After framing the charge, the prosecution has examined 13 witnesses and exhibited 23 documents. The trial Court has exhibited one document. The accused was examined under Section 313 CrPC and he has not submitted any defence evidence. This appellant accused was on bail during trial and he has faced trial since 23.02.2013. 7. Having considering the totality and facts and circumstances of the case and the disposal of appeal will take its own time and without expressing any opinion on merits of the case, but looking to fact that the recovered quantity is less than commercial [2025:RJ-JP:27472] (3 of 4) [SOSA-1071/2025] quantity and disposal of appeal will take its own time, I am of considered view that it is a fit case wherein appellant can be enlarged on bail. 9. In view of discussion made hereinabove, the instant suspension of sentence application is hereby allowed and it is ordered that sentence of appellant-applicant accused- Praveen Kumar Son Of Ramdayal, is suspended till disposal of appeal with the condition that he would execute a personal bond in the sum of ₹50,000/- with two sureties of ₹25,000/- each to the satisfaction of the learned trial Judge for his appearance in this Court on 14.11.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. That the appellant accused shall not indulge in any criminal activity and not repeat crime of any nature during period of suspension of sentence/bail. 2. That the appellant will appear before the Trial Court in the month of January of every year till the appeal is decided. 3. That if the appellant 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(s), they will give in writing their changed address(s) to the trial Court. 10. In case, the applicant has violated any condition then the order of suspension of sentence shall be recalled and cancelled. [2025:RJ-JP:27472] (4 of 4) [SOSA-1071/2025] 11. Misc. Application stands disposed of. 12. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /90(sosa)