[2025:RJ-JP:37415] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1544/2025 Bhagwandas S/o Shri Patteram, Aged About 35 Years, R/o Dhanora Road Badi Police Station Badi, District Dholpur (Raj) (At Present Confined In District Jail Dholpur) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Rajeev Kumar Sogarwal For Respondent(s) : Mr. Naresh Kumar Gupta, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 15/09/2025 1. The appellant has been convicted by the learned Additional Session Judge Badi, District Dholpur vide judgment dated 20.06.2025 in Session Case No.01/2016 for the offence under Section 8/20 NDPS Act and sentenced for five years Rigorous Imprisonment with default stipulation. 2. Heard learned counsel for the appellant and learned Public Prosecutor on the application for suspension of sentence and perused the material available on record. 3. Learned counsel appearing for the appellant has submitted that the learned trial Court has convicted the accused-appellant under charged offence against the facts available on record and well established principal of law. According to him, mandatory provisions of Section 42 and 50 of the NDPS Act were not complied with. Most of the witnesses are police witnesses who are [2025:RJ-JP:37415] (2 of 2) [SOSA-1544/2025] interested witnesses. He contended that the recovered contraband from the present appellant is 3 Kg. Ganja which is just above the small quantity. He submitted that the appellant is in incarceration since around six months and the hearing of the appeal will take considerable time, hence the suspension of sentence application of the appellant may be allowed. 4. Learned Public Prosecutor vehemently opposed the application for suspension of sentence. 5. Taking into consideration all the facts and circumstances of the case and the material available on record and considering the quantity of contraband recovered, sentence imposed and undergone as well as the fact that disposal of this appeal is likely to take considerable time, but without expressing any opinion on merits of the case, I find it a fit case to suspend the sentence of the appellant-Bhagwandas S/o Shri Patteram. 6. It is, therefore, ordered that the sentence of the appellant 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 of them, to the satisfaction of the trial Court to the effect that they shall appear before this Court on 17.10.2025 and as and when called upon to do so. 7. The application is accordingly disposed of. (PRAMIL KUMAR MATHUR),J BRIJ MOHAN GANDHI 77/15