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2025 DAILYLAW 24565 (RAJ)

SATISH S/O PREMSINGH v. STATE OF RAJASTHAN

SOSA/1360/2025 · 2025-08-05

Pramil Kumar Mathur

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:29971] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1360/2025 Satish S/o Premsingh, Aged About 20 Years, R/o Peepla, Police Station Chiksana, District Bharatpur ( At Present Confined In Central Jail Sewar, District Bharatpur). ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Rajeev Kumar Sogarwal For Respondent(s) : Mr. Jaiprakash Tiwari, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 05/08/2025 1. Heard learned counsel for the applicant and learned Public Prosecutor on the application for suspension of sentence and perused the material available on record. 2. Learned counsel for the applicant submits that the applicant was convicted for offence under Section 8/20 of NDPS Act and sentenced for two and half years. The applicant was on bail during trial. The recovered contraband from the conscious possession of the appellant is 1 Kg. 650 gram of Ganja which is marginally above the small quantity. He submits that the conviction of the petitioner suffers from various infirmities since provisions of Section 42, 50, 52A of the NDPS Act have not been complied with. The applicant has remained in custody as under-trial for 23 days and at present he is behind bars since 10.7.2025. He further contended that the disposal of this appeal will take considerable [2025:RJ-JP:29971] (2 of 2) [SOSA-1360/2025] time, therefore, this application for suspension of sentence may be allowed and appellant be released on bail. 3. Learned Public Prosecutor has vehemently opposed the application for suspension of sentence. 4. Taking into consideration all the facts and circumstances of the case and the material available on record and especially the fact that contraband involved is 1.650 Kg. Ganja which is marginally above the small quantity so also the arguments advanced by learned counsel for the appellant, but without expressing any opinion on merits of the case, I am inclined to suspend the sentence of the applicant-Satish S/o Premsingh R/o Peepla, Police Station Chiksana, District Bharatpur, awarded by Special Judge, N.D.P.S. Act Cases, Bharatpur vide judgment dated 10.7.2025 in Special Session Case No.32/2021 (CIS No.33/2021). 5. It is, therefore, ordered that the sentence of the applicant shall remain suspended till disposal of the appeal and he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each, to the satisfaction of the trial Court to the effect that he shall appear before this Court on 09.09.2025 and as and when called upon to do so. 6. The application is accordingly disposed of. (PRAMIL KUMAR MATHUR),J bmg /52