[2025:RJ-JP:25195] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1166/2025 In S.B. Criminal Appeal No.1570/2025 Deepak Gupta Son Of Shri Dharmveer Gupta, Aged About 43 Years, R/o Plot No. 6-Pratap Nagar Vistar Murlipura Police Station Murlipura Jaipur (Raj) (Presently Confined In Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Rajveer Singh with Ms. Mamta Yadav For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 08/07/2025 1. The instant application for suspension of sentence is preferred by appellant - Deepak Gupta Son Of Shri Dharmveer Gupta in pending appeal filed aggrieved from order of conviction and sentence dated 31.05.2025 in Sessions Case No.29/2020 passed by learned Special Judge (NDPS Act Cases), Jaipur Metro-I whereby appellant was convicted for offence under Sections 8/20 of NDPS Act and sentenced accordingly. 2. Learned counsel for the appellant submitted that appellant has already undergone three and a half month against awarded sentence and disposal of appeal will take its own time. He further referred non-observation of mandatory provision of law by search [2025:RJ-JP:25195] (2 of 3) [SOSA-1166/2025] and seizure officer and submitted that little more than small quantity was recovered in the matter though appellant is not having any conscious possession and same is not proved by prosecution. At last, he submitted that appellant was on bail during trial. 3. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted custody certificate and same is taken on record. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. On the basis of proceedings of search and seizure on 02.01.2020 by SHO P.S. Vishwakarma, Jaipur Mangilal along with police team appellant was intercepted and after notice under Section 50 of NPDS Act, 1Kg 200gm ganja was recovered from possession of accused. On the basis of recovery memo, FIR No.02/2020 under Section 8/20 of NDPS Act was registered. After investigation, police has filed charge-sheet against appellant. After framing charge, prosecution has examined 11 witnesses and exhibited 57 documents. The accused was examined under Section 313 Cr.P.C. but he has not submitted any defence evidence. Learned trial court has convicted appellant under Sections 8/20 of NDPS Act and the maximum sentence awarded to appellant is seven months. 6. The appellant was on bail during trial and it is not possible for us to express any opinion on merits of the case, but looking to the facts and circumstances of the case, it is a fit case to enlarge appellant on bail. [2025:RJ-JP:25195] (3 of 3) [SOSA-1166/2025] 7. Therefore, the application under Section 430(1) B.N.S.S. is allowed and sentence of appellant accused-Deepak Gupta Son Of Shri Dharmveer Gupta is suspended till disposal of appeal with the condition that he 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 30.10.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. After release of appellant on bail, he will not indulge in any criminal activity and if it is found that he is involved in any criminal activity, the order shall be recalled. 2. That he will appear before the trial Court in the month of January of every year till the appeal is decided. 3. That if the applicant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court. 4. Similarly, if the sureties change their address, he 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 PREETI VALECHA /69