[2025:RJ-JP:38919] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension of Sentence Application No. 1494/2025 in S.B. Criminal Appeal No. 2054/2025 Abdul Wajid S/o Majid, Aged About 42 Years, R/o Near Tanki Mandana Police Station Mandana District Kota Rajasthan (Presently Confined In Central Jail Kota) ----Appellant Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Appellant(s) : Mr. Rajesh Gadwal Mr. Waseem Akram For Respondent(s) : Ms. Manju Dave, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 20/09/2025 1. The appellant has been convicted by the learned Special Judge (N.D.P.S. Case), Kota (Raj.) vide judgment dated 23.06.2025 in Sessions Case No.51/2018 for the offences under Section 8/21 (b) of N.D.P.S. Act and sentenced for five years rigorous imprisonment with default stipulation. 2. Being aggrieved, the appellant has preferred the appeal. Pending disposal of the appeal, by way of present application under Section 430 of BNSS, 2023 the appellant seeks suspension of sentence and release on bail. 3. Learned counsel appearing for the appellant submits that the [2025:RJ-JP:38919] (2 of 3) [SOSA-1494/2025] trial Court has committed gross error and irregularities by convicting the accused-appellant without proper appreciation of the material available on record. No contraband was recovered from the conscious possession of the appellant. Alleged contraband is less than the commercial quantity. It is co-accused Abdul Malik from whose conscious possession, the contraband has been recovered. The role of the appellant was only that he was working as a driver on the vehicle involved. He further argued that the appellant is in custody for about 6 months and hearing of the appeal is not likely to be concluded in near future. Therefore, considering the above fact especially the fact that no recovery has been made from the conscious possession of the appellant, the application for suspension of sentence may be allowed. 4. Per contra, learned Public Prosecutor has vehemently opposed the application for suspension of sentence. 5. I have heard the contentions of the learned counsel for the appellant and learned Public Prosecutor on the application for suspension of sentence and perused the material available on record. 6. Having heard the arguments advanced by learned counsel for the appellant, the argument that he was working as a driver, the period of sentence, the custody period and the fact that disposal of the appeal is likely to take considerable time, but without expressing any opinion on merits of the case, I am inclined to suspend the sentence of the appellant- Abdul Wajid S/o Majid. 7. It is, therefore, ordered that the sentence of the appellant shall remain suspended till disposal of the appeal and he shall be [2025:RJ-JP:38919] (3 of 3) [SOSA-1494/2025] 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, to the satisfaction of the trial Court to the effect that he shall appear before this Court on 28.10.2025 and as and when called upon to do so. 8. The application is accordingly disposed of. (PRAMIL KUMAR MATHUR),J Ritu/69