[2025:RJ-JP:19604] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc 2nd Suspension Of Sentence Application (Appeal) No. 545/2025 in S.B. Criminal Appeal No. 2122/2023 Suresh Kumar S/o Shri Sitaram, R/o Goga Ji Mandir Ke Pass, Ward No. 01, Chidawa, Police Station Chidawa District Jhunjhunu Rajasthan (At Present Confined In Jhunjhunu Jail) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Ali Mohd. Khan For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 28/04/2025 1. The 2nd application for suspension of sentence is preferred in pending appeal which was admitted on 07.08.2023 and aggrieved from order of conviction and sentence dated 24.07.2023 in Sessions case No. 59/2018 passed by learned Special Judge NDPS Act cases (District and Sessions Judge), Jhunjhunu whereby appellant was convicted for offence under Section 8/18(c) of NDPS Act and sentenced accordingly. 2. Learned counsel for appellant-accused submits that instant second application for suspension of sentence is preferred as appellant has already undergone substantial part of sentence out of awarded sentence. He further referred the order dated 11.02.2025 in application for suspension of sentence No. [2025:RJ-JP:19604] (2 of 3) [SOSA-545/2025] 485/2024 and submits that accused Sanjay Kumar was already released on bail by a Co-ordinate Bench of this Hon’ble Court. He further submits that the Trial Court has ignored the material contradictions and discrepancies in the evidence of prosecution and further failed to notice non-compliance of mandatory provision of law by the Search and Seizure Officer. He also submits that independent witnesses have turned hostile and they have not supported the case of prosecution. He also referred the police witnesses and submitted that all were stereotype witnesses and not sufficient to inspire confidence. He also referred the recovered quantity and submitted that the recovered quantity is not a commercial quantity and the appellant-accused was on bail during trial and he has not misused any liberty granted to him. At last, he submits that no criminal antecedents were reported against the appellant-accused, so he is entitled to be released on bail. 3. Aforesaid contentions were opposed by learned Public Prosecutor and he submitted latest custody certificate and same is taken on record. 4. Heard learned counsel for appellant and learned Public Prosecutor. Perused the record. 5. First application for suspension of sentence was dismissed by this Court on 05.10.2023. It was observed that the present appellant was released on bail in pursuant to order dated 25.09.2018 in S.B. Criminal Misc. Bail Application No. 11641/2018 by a Co-ordinate Bench of this Court. The fact of the case indicate that on interception of Car No. RJ-02-CC-6379, a recovery of 2.5 Kgs of opium was made. The Trial Court has found that the recovered quantity is less than commercial but after convicting the [2025:RJ-JP:19604] (3 of 3) [SOSA-545/2025] appellant-accused under Section 8/18 (c) of NDPS and sentenced him to undergo rigorous imprisonment of 10 years with fine of ₹1 lac. 6. The appellant-accused has served more than 1 year 11 months and 10 days but the recovered quantity is not commercial quantity. No other criminal antecedent is reported by police against the appellant. First application for suspension of sentence was dismissed by this Court after considering all arguments on merits. A Co-ordinate Bench has allowed application for suspension of sentence of Co-accused Sanjay Kumar on 11.02.2025. Herein, this case except period of incarceration nothing has changed, after dismissal of first application for suspension of sentence. 7. Having considered the fact that first application for suspension of sentence was dismissed by this Court and a Co- ordinate bench has allowed application for suspension of sentence of co-accused but same is not sufficient to grant bail to present appellant. 8. In view of discussions made hereinabove, the 2nd application for suspension of sentence is hereby dismissed. 9. List criminal appeal in the month of November, 2025. (ASHOK KUMAR JAIN),J MONU /03