[2025:RJ-JP:16427] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 15/2025 In S.B. Criminal Appeal No.14/2025 Dinesh Vishnav S/o Shri Girdhari Vaishnav, Age 25 Years, R/o Gani Gate Bandanwada Police Station Bhinai District Ajmer. (At Present Confined In Central Jail Ajmer) ----Appellant Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Vinay Pal Yadav For Respondent(s) : Mr. Vijay Singh Yadav, P.P. with Mr. Gaurav Gupta, AGA HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 17/04/2025 1. The instant SOS application is preferred by the appellant- accused in pending appeal filed aggrieved from judgment of conviction and sentence dated 17.12.2024 in Sessions Case No.21/2011 passed by learned Special Judge, N.D.P.S. Case (District Sessions Judge) No.1, District Ajmer whereby, appellant- accused was convicted and sentenced under Sections 8/18(C) of N.D.P.S. Act and further sentenced to rigorous imprisonment of five years with fine of Rs.50,000/-. 2. Learned counsel for the appellant while placing reliance upon grant of bail submits that sole independent witness produced by prosecution has turned hostile and he has not supported the case [2025:RJ-JP:16427] (2 of 4) [SOSA-15/2025] of prosecution. He further submits that another independent witness procured by police at the time of proceedings on spot was not produced in support of the case of prosecution before the trial Court. He also submits that the case property was not produced before the trial Court during trial. He also raised non-compliance of mandatory provision of law at the time of proceeding by the police. He also pointed out certain discrepancies and material contradictions sufficient to support his case and submitted that the appellant-accused was on bail during trial and he has not misused the liberty granted to him. 3. The aforesaid contentions were opposed by the learned Public Prosecutor and he submitted the custody certificate and same is taken on record. 4. Heard the learned counsel for the appellant and learned Public Prosecutor. Perused the record. 5. On the basis of information received on 08.08.2011, SHO, Police Station Bhinai, has intercepted one person and after taking of due precaution under the law has searched him and seized contraband article having weight of 34 grams. After taking sample, etc. memos were drawn at the spot and after returning the Police Station, FIR No.204/2011 under Section 8/18 of N.D.P.S. Act was registered. After investigation, charge sheet has been filed against the appellant, who faced trial before the trial Court. The prosecution has submitted 11 witnesses and 27 documents and the accused was examined under Section 313 Cr.P.C. wherein he opted not to file any defense evidence. The trial Court after considering the material on record has convicted the present appellant. [2025:RJ-JP:16427] (3 of 4) [SOSA-15/2025] 6. Having gone through the facts and evidence of the case and considering that the appellant remain on bail during trial and also that the recovered quantity is small and less than commercial quantity, it is appropriate to consider SOS of present petitioner. 7. At this stage, it is not possible for us to express any opinion on the merits of the case, thus it is appropriate to allow SOS application. 8. In view of discussion made hereinabove, the suspension of sentence application is hereby allowed and it is ordered that sentence of appellant-applicant accused Dinesh Vishnav S/o Shri Girdhari Vaishnav 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 29.07.2025 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. [2025:RJ-JP:16427] (4 of 4) [SOSA-15/2025] 4. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. 9. In case, the applicant has violated any condition then the order of suspension of sentence 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 GAURAV KUMAR /34