[2026:RJ-JP:4733] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 2316/2025 In S.B. Criminal Appeal No.3009/2025 1. Sonu Kumar Pahadiya Son Of Bhagwat Prasad Pahadiya, Aged About 24 Years, Resident Of Anantwada, Police Station Bandikui, District Dausa (Rajasthan). (Accused Appellant Presently Confined In Special Jail Shyalawas, District Dausa). 2. Rajesh Kumar Gurjar Son Of Hariram, Aged About 32 Years, Resident Of Narayanpura, Police Station Bandikui, District Dausa (Rajasthan). (Accused Appellant Presently Confined In Special Jail Shyalawas, District Dausa). ----Appellants Versus State Of Rajasthan, Through P.P. ----Respondent For Appellant(s) : Mr. Ram Ratan Gurjar For Respondent(s) : Mr. Jaiprakash Tiwari, PP HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 02/02/2026 Instant application for suspension of sentence has been preferred on behalf of the applicant-appellants under Section 430 of BNSS alongwith the appeal, to suspend the sentence awarded by the Court of learned Special Judge (NDPS Act Cases), Additional Sessions Judge No.1, Bandikui, District Dausa (Raj.), vide its judgment dated 06.11.2025, in Sessions Case No.28/2023, whereby the applicant-appellants were convicted for [2026:RJ-JP:4733] (2 of 3) [SOSA-2316/2025] the alleged offence(s) & sentenced to undergo maximum period of five years rigorous imprisonment with fine. Learned counsel appearing for the applicant-appellants submits that the applicants were on bail during trial and they are behind the bars since 06.11.2025. Learned Trial Court has not appreciated the facts & circumstances of the case holistically and the hearing of the appeal will take its own time, hence, the sentence awarded to the applicant-appellants may be suspended during the pendency of the appeal. Learned Public Prosecutor has vehemently opposed the application for suspension of sentence. Heard learned counsel for the parties and perused the material made available on record. Taking into consideration the term of sentence & the submissions made at bar, this Court deems it just and proper to suspend the sentence awarded to the applicant-appellants during the pendency of the appeal. Accordingly, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to accused-applicants, namely Sonu Kumar Pahadiya Son Of Bhagwat Prasad Pahadiya & Rajesh Kumar Gurjar Son Of Hariram, by the learned Trial Court shall remain suspended during pendency of the appeal, provided each of them furnishes a personal bond in the sum of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned Trial Court with the stipulation that they shall appear before this [2026:RJ-JP:4733] (3 of 3) [SOSA-2316/2025] Court on 04.03.2026 and thereafter, as and when they are called upon to do so. (VINOD KUMAR BHARWANI),J SAURABH /36