[2025:RJ-JP:20645] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application No. 60/2025 in S.B. Criminal Appeal No. 66/2025 1. Balu Singh S/o Vijay Singh, Aged About 27 Years, R/o Pipaliya Mohammad Police Station Garoth District Mandasur (M.p) (Presently Confined In Central Jail Kota) 2. Ishwar Singh S/o Kalu Singh, Aged About 35 Years, R/o Pipaliya Mohammad Police Station Garoth District Mandasur (M.p) (Presently Confined In Central Jail Kota) ----Petitioners Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Nitin Kumar Sharma with Mr. Gourav Sharma For Respondent(s) : Mr. Vijay Singh Yadav, PP with Mr. Gaurav Gupta, AAAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 15/05/2025 1. The instant application for suspension of sentence is preferred in pending appeal which was admitted on 10.01.2025 and aggrieved from order of conviction and sentence dated 11.12.2024 in Sessions Case No. 48/2020 passed by learned Special Judge, NDPS Act cases, Kota whereby appellant was convicted for offence under Sections 8/18(C) of NDPS Act sentenced accordingly. [2025:RJ-JP:20645] (2 of 4) [SOSA-60/2025] 2. Learned counsel for the appellant while relying upon grounds of appeal submitted that the appellants are innocent person and they were falsely implicated by police. He further submitted that in the instant case 500 grams of opium was allegedly recovered from the bag belonging to both the appellants. He further submitted that the railway police have not followed the mandatory provision of law at the time of search and seizure. He further submitted that the recovered quantity is quite less than commercial quantity and both the appellants were on bail during trial and disposal of appeal will take its own time. He further submitted that the trial court has ignored the material discrepancies and contradictions while convicting appellants. At last, he submitted that there are no criminal antecedents against appellants. 3. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted custody certificates of both the accused and same are taken on record. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. On the basis of search and seizure by GRP police on 12.10.2019 and recovery of 500 gm of opium from bag FIR no. 341/2019 was registered at P.S. GRP, Kota under Section 8/18 of NDPS Act. After investigation police has filed charge-sheet against three persons Balu Singh, Ishwar Singh and Meharban Singh under Sections 8/18, 8/29 of NDPS Act. After framing the charge the prosecution has examined 9 witnesses and exhibited 49 documents. Accused were examined under Section 313 Cr.P.C. and they have submitted three defence evidence from DW-1 to DW-3. Learned trial court has acquitted Meharban Singh from charge [2025:RJ-JP:20645] (3 of 4) [SOSA-60/2025] under Section 8/29 of NDPS Act and convicted both the appellants under Section 8/18(C) of NDPS Act. After conviction each of the appellant for sentenced for a period of five years with fine of ₹50,000/- 6. A perusal of record indicate that both the appellants were on bail during trial and there is no criminal antecedent against the appellants. The seizure memo indicate that no independent witness was present at the time of entire proceedings. The grounds raised by learned counsel can be considered at the time of final adjudication and not at this stage. The recovered quantity is less than commercial quantity and disposal of appeal will take its own time. 7. Therefore, without expressing any opinion on merits, considering the totality of facts and circumstances of the case, 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- Balu Singh S/o Vijay Singh & Ishwar Singh S/o Kalu Singh is suspended till disposal of appeal with the condition that each of them 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 27.08.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. After release of appellant on bail, they will not indulge in any criminal activity and if it is found that they are involved in any criminal activity, the order shall be recalled. [2025:RJ-JP:20645] (4 of 4) [SOSA-60/2025] 2. That, they will not commit offence of same nature, if it is found that they are involved in any offence of same nature, the order shall be recalled. 3. That they will appear before the trial Court in the month of January of every year till the appeal is decided. 4. That if the applicant(s) changes the place of residence, they will give in writing their changed address to the trial Court as well as to the counsel in the High Court. 5. Similarly, if the sureties change their address(s),they will give in writing their changed address to the trial Court. 8. Misc. Application stands disposed of. 9. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /15(SOSA)