[2025:RJ-JP:26688] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1161/2025 In S.B. Criminal Appeal No.1557/2025 Rakesh Singh S/o Ramsingh, Aged About 52 Years, R/o Village Pariksha Police Station Mata Vasaiya District Muraina (M.p) (Presently Confine Din Central Jail Kota) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Nitin Kumar Sharma Mr. Gourav Sharma For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 17/07/2025 1. Instant SOS application is preferred by appellant-accused Rakesh Singh S/o Rasmsingh in pending appeal aggrieved from judgment of conviction and sentence dated 25.08.2025 in Sessions Case No.32/2019 passed by learned Special Judge (NDPS Cases) Kota, whereby the petitioner-accused was convicted under Section 8/18 of NDPS Act and further sentence to undergo rigorous imprisonment of 5 years with fine of ₹50,000/-. 2. Learned counsel for appellant submits that appellant is an innocent person and he has been falsely implicated by police. He further submitted that at the time of recovery, the Search and Seizure Officer, has not observed and complied the mandatory [2025:RJ-JP:26688] (2 of 4) [SOSA-1161/2025] provision of NDPS Act. He further referred the cross-examination of witnesses and submitted that the Trial Court has ignored the discrepancies in the statement of witnesses. He also submitted that before effecting recovery, no independent witness was called for seizure of contraband articles from the appellant-accused and effective service of notice under Section 50 was not effected upon the appellant-accused. He further submitted that this appellant- accused was on bail during trial and, presently, he is in custody for more than 6 months. At last, he submitted that appellant is not having any criminal antecedents and disposal of appeal will take its own time. 3. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted custody certificate. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. On basis of interception on 19.07.2019 of a suspicious person by Rajesh Kumar Singh, SHO P.S. GRP, Kota on platform No.1, Railway Station, Kota, when he was interrogated then after search 50 grams of opium (including weight of polythene or packaging material) was recovered. After conducting proceedings of seizure at the spot, FIR No.239/2019 was registered at P.S. GRP, Kota and after investigation, a charge-sheet was filed against the appellant. 6. After framing the charge, the prosecution examined 11 witnesses, exhibited 29 documents and 3 articles. The accused was examined under Section 35 of BNSS, but he has not submitted any defence evidence. Ultimately, the appellant-accused was convicted and sentenced. [2025:RJ-JP:26688] (3 of 4) [SOSA-1161/2025] 7. The record indicate that this appellant was released on bail, but he was taken in custody after bail jump and presently, he in custody since 30.11.2024. Total period of custody till date is 10 months and 1 day. No other criminal antecedents is reported against the appellant-accused. Recovered quantity is more than small quantity but less than commercial quantity. The discrepancies and the contradiction as referred can be considered only at the time of final adjudication, therefore, without expressing any opinion on the merits of the case, it is a fit case to enlarge appellant-accused on bail. 8. In view of discussion made hereinabove, the suspension of sentence application is hereby allowed and it is ordered that sentence of applicant-accused Rakesh Singh S/o Ramsingh is suspended till disposal of appeal with the condition that he would execute a personal bond in the sum of ₹50,000/- with two sureties of ₹25,000/- each to the satisfaction of the learned trial Judge for his appearance in this Court on 11.11.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. That the appellant accused shall not indulge in any criminal activity and not repeat crime of any nature during period of suspension of sentence/bail. 2. That the appellant will appear before the Trial Court in the month of January of every year till the appeal is decided. 3. That if the appellant changes the place of residence, he will give in writing his changed [2025:RJ-JP:26688] (4 of 4) [SOSA-1161/2025] 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. In case, the applicant has violated any condition then the order of suspension of sentence shall be recalled and cancelled. 10. Misc. Application stands disposed of. 11. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J GAURAV /15