[2025:RJ-JP:18692] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 2361/2024 In S.B. Criminal Appeal No.3334/2024 Smt Prem Devi Wife Of Jagdish, Aged About 27 Years, R/o Hiyanliya Police Station Bhinay District Ajmer (Raj) (Presently Confined At Central Jail Ajmer) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Abdul Wahid Naqvi For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 02/05/2025 1. The instant application for suspension of sentence is preferred by appellant-Smt Prem Devi Wife Of Jagdish in pending appeal filed aggrieved from order of conviction and sentence dated 04.12.2024 in Sessions Case No.30/2011 passed by learned Special Judge (NDPS Act Cases) No.1, Kekri, Ajmer whereby appellant was convicted for offence under Sections 8/18(c) of NDPS Act and sentenced accordingly. 2. Learned counsel for the appellant while relying upon grounds of appeal submitted that appellant is an innocent person and she was falsely implicated by police. He further submitted that as per prosecution 750 gm opium was recovered from persona of appellant and out of two independent witnesses, only one ws [2025:RJ-JP:18692] (2 of 4) [SOSA-2361/2024] examined, who turned hostile. He further submitted that all other witnesses examined by prosecution were police personnel and their deposition is stereotype. He further referred statement of PW-14 Arvind Singh and submitted that even recovered articles were not produced before the court and admission indicated that no recovery was proved beyond reasonable doubt. He further referred the discrepancies and material contradictions and submitted that compliance of mandatory provision of law is not ensured before effecting recovery and preparing search and seizure memo. At last, he submitted that appellant is a female and she was on bail during trial and disposal of appeal will take its own time. 3. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted custody certificate along with report received from concerned police station and same are taken on record. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. The appellant is a female and she was on bail during trial. Report received from concerned police station indicated no criminal antecedents against the appellant. 6. On the basis of information received, PW-14 Arvind Singh intercepted the appellant and after serving notice under Section 50 of NDPS Act, 750gm opium was recovered from conscious possession of appellant. On the basis of proceedings drwan at the spot, FIR No.213/2011 under Section 8/18 of NDPS Act was registered at Ajmer. After investigation, police has filed charge- sheet against the appellant under Section 8/18 NDPS Act and [2025:RJ-JP:18692] (3 of 4) [SOSA-2361/2024] Murlidhar under Section 8/29 of NDPS Act. At the stage of charge, Murlidhar was discharged from offence under Section 8/29 of NDPS Act. After framing charge, prosecution has examined 14 witnesses and exhibited 29 documents. FSL report was exhibited as Ex.C1. Accused was examined under Section 313 Cr.P.C. and he opted not to submit any defence evidence. Ex.D1 was exhibited in defence. After trial, appellant was convicted under Section 8/18(c) of NDPS Act and further sentenced to undergo rigorous imprisonment of 7 years with fine of ₹50,000/-. 7. We have considered the statement of witnesses as referred by learned counsel for appellant including PW-1 and PW-14. At this stage, it is not possible for us to express any opinion on merits of the case but looking to the fact that appellant is a female, and disposal of appeal will take its own time, therefore, it is appropriate to release appellant on bail. 8. Therefore, without expressing any opinion on merits, 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-Smt Prem Devi Wife Of Jagdish is suspended till disposal of appeal with the condition that she 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 her appearance in this court on 12.08.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. After release of appellant on bail, she will not indulge in any criminal activity and if it is found [2025:RJ-JP:18692] (4 of 4) [SOSA-2361/2024] that she is involved in any criminal activity, the order shall be recalled. 2. That she will appear before the trial Court in the month of January of every year till the appeal is decided. 3. That if the applicant(s) changes the place of residence, she will give in writing her changed address to the trial Court as well as to the counsel in the High Court. 4. Similarly, if the sureties change their address(s),they will give in writing their changed address to the trial Court. 9. Misc. Application stands disposed of. 10. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /16