[2025:RJ-JP:29558] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application No. 1118/2025 in S.B. Criminal Appeal No. 1497/2025 Ramraj S/o Pannalal, Resident Of Phaliya Police Station Bapcha District Baran Rajasthan (Presently Convicted At District Jail Kota) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Bhim Singh Meena For Respondent(s) : Mr. Onkar Singh Rajpurohit, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 01/08/2025 1. The instant application for suspension of sentence is preferred by appellant - Ramraj S/o Pannalal in pending appeal filed aggrieved from order of conviction and sentence dated 20.05.2025 in Sessions Case No. 15/2015 passed by learned Special Judge, NDPS Act cases (Additional Sessions Judge, Chhabra, District Baran) whereby appellant was convicted for offence under Sections 8/18 of NDPS Act and further sentenced to rigorous imprisonment of two years with fine of ₹10,000/- 2. Learned counsel for the appellant while relying upon grounds of appeal submitted that appellant is an innocent person and he was falsely implicated in the instant case. He further submitted that no independent witness was called before effecting search [2025:RJ-JP:29558] (2 of 4) [SOSA-1118/2025] and seizure from appellant accused. He further submitted that the evidence of PW-2 and PW-12 clearly suggest that the compliance of Section 52-A was made after three and a half years. He further referred evidence of PW-14 and submitted that FIR was sent to the concerned court after six days. Learned counsel has further referred contradictions and discrepancies in the statement of witnesses and submitted that police has not complied the mandatory provision of law which includes notice under Section 50 before effecting seizure. He also submitted that the recovered contraband is quite less than commercial quantity and this appellant accused was on bail during trial. 3. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted custody certificate and same is taken on record. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. On 21.10.2014, when PW-8 Ganpat Singh SHO P.S. Bapcha was on regular surveillance, he found some suspects and when intercepted, proceedings were drawn then 250-250 grams of opium were recovered from each of accused Basid, Ramvati and Ganga. After taking sample and drawing memos FIR no. 257/2014 under Section 8/18 of NDPS Act was registered at P.S Bapcha (Baran). After investigation a charge-sheet has been filed against appellant accused Banshilal, Ganga and Ramraj under Section 8/18 of NDPS Act and Darshan under Section 8/29 of NDPS Act. During trial Banshilal has expired whereas Ganga was declared as absconder. After framing the charge, prosecution has examined 15 witnesses and exhibited 55 documents. The accused were [2025:RJ-JP:29558] (3 of 4) [SOSA-1118/2025] examined under Section 313 Cr.P.C. and they have not submitted any defence evidence. The trial court has convicted the appellant accused Ramraj but acquitted Darshan. 6. There is no other criminal antecedent against the appellant and this appellant accused was released on bail in pursuant to order dated 12.02.2015 in bail application no. 1041/2015 passed by a Co-ordinate Bench of this Court. 7. We have considered evidence on record and also considered grounds as raised by learned counsel for appellant. 8. At this stage, it is not possible for us to express any opinion on merits of the case, but looking to the facts and circumstances of the case, it is a fit case to enlarge appellant on bail. 9. Therefore, without expressing any opinion on merits, having considered the fact that the grounds raised by learned counsel requires consideration on merits 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. The application under Section 430(1) B.N.S.S. is allowed and sentence of appellant accused- Ramraj S/o Pannalal 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 25.11.2025 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. [2025:RJ-JP:29558] (4 of 4) [SOSA-1118/2025] 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(s) 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 to the trial Court. 5. In case, the applicant has violated any condition, then the order of SOS shall be recalled and cancelled. 10. Misc. Application stands disposed of. 11. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /8(SOSA)