[2026:RJ-JP:2299] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal 2nd Misc Suspension Of Sentence Application (Appeal) No. 2374/2025 In S.B. Criminal Appeal No.732/2023 Arun Kumar S/o Shri Rajaram, Aged About 37 Years, R/o Tandurwali, Police Station Tibbi, District Hanumangarh (Raj). (At Present Confined In Central Jail, Jaipur) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Majhar Hussain For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 19/01/2026 1. The second application for suspension of sentence is preferred by appellant-accused Arun Kumar S/o Shri Rajaram in pending appeal No. 732/2023 filed aggrieved from judgment of conviction and sentence dated 10.04.2023 in sessions case No. 18/2017 passed by learned Special Judge, NDPS Act Cases, Jaipur Metro-I. 2. Learned counsel for the appellant while relying upon grounds of appeal submitted that without observing principle of law learned trial court has arrived at a conclusion of conviction. He further submitted that learned trial court has overlooked material contradictions and discrepancies, which goes to root of the matter. He further submitted that the entire case of [2026:RJ-JP:2299] (2 of 4) [SOSA-2374/2025] prosecution rests on testimony of interested witness and no independent witness was examined to corroborate the story of prosecution. 3. Learned counsel for the appellant submitted that the Hon’ble Supreme Court has granted bail to Rajaram on 26.09.2025 and thereafter this Court has considered the SOS application of Dharampal and allowed the same on 16.10.2025. He further submitted that the appellant is the son of Rajaram and that by the impugned judgment dated 10.04.2023, the present appellant was convicted under Section 8/29 of the NDPS Act and was sentenced in an identical manner as Rajaram and Dharampal. 4. He also referred to the facts of the case and submitted that the vehicle (Bolero bearing registration No. HR-22-E-4977) was allegedly driven by Rajaram, whereas Dharampal was travelling as a passenger. He further submitted that no recovery has been effected from the present appellant and there is no evidence to conclude that the appellant was in any manner responsible for conspiracy or transportation of the contraband article recovered in the matter. At last, he submitted that the appellant is in custody for more than three years and that the appellant was on bail during the course of trial. 5. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted custody certificate and same is taken on record. 6. Heard learned counsel for the appellant and learned Public Prosecutor. Perused the material placed on record. [2026:RJ-JP:2299] (3 of 4) [SOSA-2374/2025] 7. Aggrieved by the judgment of conviction and sentence dated 10.04.2023 passed in Sessions Case No. 18/2017 arising out of FIR No. 06/2017 registered under Sections 8/18 and 8/29 of the NDPS Act at Police Station SOG, Jaipur, the appellant has preferred a criminal appeal. The first SOS application of the appellant was dismissed by this Court on 08.04.2025. 8. On the basis of information about illegal smuggling of arms and ammunition from Bassi, Chittorgarh to Punjab a temporary check point was established at Kanwaliyas toll booth. Thereafter, the police has intercepted Bolero Car No. RH-22-E-4977. On interception, it was found that Rajaram was driving whereas Dharampal was sitting as a passenger. On search, 4 Kgs of opium was recovered from four different packets. After search, seizure memo and other memos were prepared and an FIR was registered. It was found that Rajaram and Arun Kumar (son of Rajaram) both have procured opium from PrabhuLal. After investigation police has filed charge-sheet against Rajaram, Dharampal, Prabhu Lal and Arun Kumar. After framing of charge, 24 witnesses were examined by prosecution and 85 documents were exhibited by prosecution. Accused were examined under Section 313 Cr.P.C. and they have not submitted any defence evidence. The Trial Court has convicted Rajaram and Dharampal under Section 8/18 of NDPS Act whereas Prabhulal and Arun Kumar under Section 8/29 of NDPS Act. 9. The bail SOS application of accused Rajaram was allowed by the Hon’ble Supreme Court on 26.09.2025 after he had undergone a period of more than six years out of the total [2026:RJ-JP:2299] (4 of 4) [SOSA-2374/2025] awarded sentence of ten years. This Court allowed the SOS application of Dharampal on 16.10.2025, when Dharampal had undergone more than six years and six months out of the awarded sentence of ten years. 10. The present appellant, Arun Kumar, was convicted by the trial court under Section 8/29 of the NDPS Act and it is a fact that no recovery has been effected from him. The first SOS application of the appellant was dismissed by this Court on 08.04.2025. The total period of sentence undergone by the appellant is two years, ten months and eight days out of the total awarded sentence of ten years. 11. By a detailed order dated 08.04.2025, this Court has already considered the SOS application of the appellant and, after considering the entirety of the facts and circumstances, dismissed the same. Therefore, there is no fresh ground available to allow the SOS application of the present appellant. 12. Accordingly, SOS application preferred by appellant Arun Kumar is hereby dismissed. (ASHOK KUMAR JAIN),J PREETI VALECHA /07