HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Bail (Suspension of Sentence) Application No.1837/2025 in S.B. Criminal Appeal (Sb) No. 2469/2025 Jankilal S/o Daulatram, Aged About 72 Years, R/o Near Pabuji Ki Dharmshala Kala Talab, Police Station Railway Colony, District Kota City (Rajasthan). (Presently Confined In Central Jail Kota) ----Appellant Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Appellant(s) : Mr.Nitin Kumar Sharma For Respondent(s) : Mr.Amit Punia, Addl.GA-cum-PP JUSTICE ANOOP KUMAR DHAND Order 07/10/2025 1. Learned counsel for the appellant submits that the appellant has been found guilty for the offence punishable under Sections 8/20 (b) (ii) (a) and 8/15 (b) of the N.D.P.S. Act. Counsel submits that the maximum sentence of one year has been awarded and he was on bail during the course of trial. Counsel submits that the disposal of the appeal is bound to take time, therefore, the sentence of the appellant be suspended till disposal of the appeal. 2. Per contra, learned Public Prosecutor has opposed the suspension of sentence application. 3. Heard and considered the submissions made at the Bar and perused the material available on record. (2 of 3) [CRLAS-2469/2025] 4. Considering the arguments put forward by the counsel for the appellant and looking to the fact that the maximum sentence awarded to the appellant is one year and that the appellant was on bail during the course of trial and looking to the fact that disposal of the instant appeal is likely to take time, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the accused-appellants. 5. Accordingly, the application for suspension of sentence filed by the applicant under Section 430 BNSS, 2023 is allowed and the sentence awarded by the Court of Special Judge, (N.D.P.S. Case) Kota (Raj.) vide judgment dated 08.09.2025 against the appellant Jankilal S/o Daulatram shall remain suspended till final disposal of the aforesaid appeal and subject to the condition that the appellant shall deposit a fine amount as imposed by the Trial Court and he shall be released on bail provided he executes a personal bond for the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned Trial Judge for his appearance in this Court on 10.11.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. That he shall appear before the Trial Court in the month of January of every year till the appeal is decided. 2. That if the appellant change his place of residence, they will give in writing his changed address to the Trial Court as well as to the counsel in the High Court. 3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the Trial Court. 4. Appellant shall deposit a fine amount as imposed by the learned Trial Court. (3 of 3) [CRLAS-2469/2025] 6. The learned Trial Court shall maintain the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused-appellant was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court. 7. In case the said accused-appellant does not appear before the trial court, the learned Trial Judge shall report the matter to the High Court for cancellation of bail. (ANOOP KUMAR DHAND),J Aayush Sharma /31