[2025:RJ-JP:39640] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1723/2025 Banwari S/o Madanlal, Residence Of Chachoda, Police Station Chhabra, Distt. Baran Rajasthan. (Accused Appellant In Sub Jail Chhabara) ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Ali Mohammed Khan with Mr. Lakshya Kumar Sharma and Ms. Shirin Khan For Respondent(s) : Ms. Manju Dave, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 25/09/2025 1. The appellant has been convicted by the learned Special Judge, NDPS Act Chhabra, District Baran, vide judgment dated 20.08.2025 in Sessions Case No.57/2020 for the offence under Sections 8/21 and 8/25 of NDPS Act and sentenced for one year three months rigorous imprisonment with default stipulation. 2. Being aggrieved the appellant has preferred this 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 has submitted that the trial court has ignored the mandatory provisions of NDPS Act while passing the impugned judgment. He further submits that the trial Court has not appreciated the evidence as per settled principles of law. He also submits that as against the sentence of [2025:RJ-JP:39640] (2 of 2) [SOSA-1723/2025] one year three months, the appellant has undergone above four months of custody. He submits that though there are 2 to 3 cases pending against him but in view of his custody period and the fact that the hearing of the appeal is not likely to be concluded in near future. Therefore, the application for suspension of sentence may be allowed. 4. The 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. Taking into consideration all the facts and circumstances of the case, the period of sentence awarded 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-Banwari S/o Madanlal. 7. It is, therefore, ordered that the sentence of the appellant shall remain suspended till disposal of the appeal and he shall be 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 30.10.2025 and as and when called upon to do so. 8. The application is accordingly disposed of. (PRAMIL KUMAR MATHUR),J Arun/85