KAMAL KUMAR S/O GOPAL KRISHAN v. STATE OF RAJASTHAN
SOSA/532/2026 · 2026-04-16
Vinod Kumar Bharwani
Criminal Appealbody2026
DailyLaw.ai
[ 2026 DAILYLAW 6087 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 6087 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:16023] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension Of Sentence Application (Appeal) No. 532/2026 In S.B. Criminal Appeal No.601/2026 Kamal Kumar S/o Gopal Krishan, Aged About 58 Years, R/o Gautam Nagar, P.s. Ramganj, Ajmer, (At Present Confined In Central Jail, Ajmer) ----Appellant Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Aayush Agarwal For Respondent(s) : Mr. Sudesh Kumar Saini, PP with Mr. Navdeep Singh HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Order 16/04/2026 Instant application for suspension of sentence has been preferred on behalf of the applicant-appellant under Section 430 of B.N.S.S. alongwith the appeal, to suspend the sentence awarded by the Court of learned Special Judge, Narcotics Drugs & Psychotropic Substances Act Cases, Ajmer District Ajmer (Raj.) and Additional District & Sessions Judge No.1, Ajmer vide its
judgment of conviction & sentence dated 13.02.2026 & 16.02.2026 respectively in Sessions Case No.22/2015, whereby the applicant-appellant was convicted for the alleged offence(s) & sentenced to undergo maximum period of four years rigorous imprisonment with fine.
Learned counsel appearing for the applicant-appellant submits that the applicant was on bail during trial and he remains
[2026:RJ-JP:16023] (2 of 2) [SOSA-532/2026] in custody for nine months. Counsel further submits that the learned Trial Court has not appreciated the evidence, facts & circumstances of the case holistically and the hearing of the appeal will take its own time, hence, the sentence awarded to the applicant-appellant may be suspended during the pendency of the appeal. Learned Public Prosecutor has vehemently opposed the
submissions made herein-above. Heard learned counsel for the parties and perused the material made available on record. Taking into consideration the conviction, term of sentence & the submissions made at bar and without commenting upon the merits of the case, this Court deems it just and proper to suspend the sentence awarded to the applicant-appellant 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-applicant, namely Kamal Kumar S/o Gopal Krishan, by the learned Trial Court shall remain suspended during pendency of the appeal, provided he 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 he shall appear before this Court on 16.05.2026 and thereafter, as and when he is called upon to do so.
(VINOD KUMAR BHARWANI),J SAURABH /55