[2025:RJ-JP:16816] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 276/2025 In S.B. Criminal Appeal No.339/2025 Shyam @ Saam S/o Purshottam, Aged About 24 Years, R/o Near Hindaun Gate , Harijan Basti, Karauli Presently Opp Rampati School Vivek Vihar Colony, Karauli Police Station Kotwali Karauli District Karauli (Rajasthan) (Presently Confined In District Jail Karauli District Karauli) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Asad Ul Haq Noori For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 21/04/2025 1. The instant application for suspension of sentence is preferred by appellant Shyam @ Saam S/o Purshottam aggrieved from order of conviction and sentence dated 27.01.2025 in Sessions Case No.69/2021 passed by learned Special Judge (NDPS Act Cases), Karauli whereby appellant was convicted for offence under Sections 8/21 of NDPS Act and sentenced accordingly. 2. Learned counsel for the appellant while referring the findings of trial court has submitted that the trial court has ignored discrepancies and material contradictions available on record from [2025:RJ-JP:16816] (2 of 4) [SOSA-276/2025] cross-examination of prosecution witnesses. He further submitted that at the time of search and seizure, police has not complied the mandatory provisions of law and ignoring the provisions, the entire case was framed against the appellant. He further submitted that the recovered quantity is little above the small quantity but lesser than the commercial quantity. He also referred the findings recorded by the trial court and submitted that appellant 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 and same is taken on record. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. On the basis of information received by SHO, P.S. Karauli, appellant was intercepted on 10.01.2021 and after search, 8.1 gms heroine (smack) was recovered. On the basis of search and seizure, FIR No.18/2021 was registered at P.S. Karauli on 10.01.2021. After investigation, police has filed charge-sheet against the appellant. The prosecution has examined 9 witnesses and exhibited 24 documents. The accused was examined under Section 313 Cr.P.C. and he opted not to submit any defence evidence though four documents were exhibited in defence. The appellant was convicted under Section 8/21 of NDPS Act. 6. The appellant was on bail during trial and disposal of appeal will take its own time. The recovered quantity is more than small quantity but lesser than commercial quantity. The petitioner is in [2025:RJ-JP:16816] (3 of 4) [SOSA-276/2025] custody and disposal of appeal will take its own time, therefore it is appropriate to allow SOS application. 7. 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-Shyam @ Saam S/o Purshottam 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 30.07.2025 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, they will give in writing their changed address to the trial Court. 8. Misc. Application stands disposed of. [2025:RJ-JP:16816] (4 of 4) [SOSA-276/2025] 9. A copy of this order be sent to learned trial court through E- mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /26