[2026:RJ-JP:24717] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension of Sentence Application (Appeal) No. 695/2026 In S.B. Criminal Appeal No.777/2026 URN: SOSA / 1345U / 2026 Mukesh @ Kerda S/o Kalulal, Age 37, R/o Near Purani Dhan Ki Mandi Lanka Gate Bundi P.S. Kotwali Bundi. (Accused confined at Central Jail Bundi) ----Petitioner Versus State of Rajasthan through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Parmendra Dadhich for Mr. Amit Dadhich For Respondent(s) : Mr. Amit Punia, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 03/07/2026 1. Heard learned counsel for the applicant as well as learned State counsel and perused the material available on record. 2. The applicant herein has been convicted for offence punishable under Section 8/25 of NDPS Act vide judgment dated 08.12.2025 passed by the learned Special Judge, NDPS Cases, Tonk (Raj.) in Sessions Case No. 17/2020 and has been sentenced to four years rigorous imprisonment. 3. Learned counsel appearing on behalf of the applicant submits that the applicant has wrongly been convicted by the learned trial Court. Counsel submits that learned trial Court has failed to appreciate the evidence available on record in correct perspective. [2026:RJ-JP:24717] (2 of 4) [SOSA-695/2026] Counsel submits that admittedly, no recovery was made from the possession of the appellant and he has been convicted solely on the basis of the fact that vehicle in question in which co-accused persons were carrying the contraband, was registered in the name of applicant. Counsel submits that the benefit of suspension of execution of sentence has already been extended by co-ordinate Bench of this Court to co-accused, namely Vinod S/o Ramprasad, who is one of co-accused persons from whom possession the contraband was found. Counsel submits that sentence imposed by the learned trial Court is four years. He relies upon the judgment passed by Hon’ble Supreme Court in the case of Bhagwan Rama Shinde Gosai & Ors. Vs. State of Gujarat reported in (1999) 4 SCC 421 wherein, it has been held that when a convicted person is sentenced to fixed period of sentence and when he files appeal under any statutory right, suspension of sentence can be considered by the Appellate Court liberally unless there are exceptional circumstances. It is submitted that the applicant remained on bail throughout the trial and there is no allegation that he ever misused the liberty of bail or attempted to interfere with the course of justice. Counsel submits that looking to the large pendency of criminal appeals before this Court, there is no immediate prospect of this appeal being heard and disposed of in near future. Counsel further submits that in these circumstances, it is urged that the execution of sentence imposed upon the applicant deserves to be suspended during the pendency of appeal. [2026:RJ-JP:24717] (3 of 4) [SOSA-695/2026] 4. Learned State counsel opposes the submissions advanced on behalf of the applicant and submits that the learned trial Court has rightly recorded the conviction of the applicant. 5. Upon a consideration of the arguments advanced on behalf of the applicant as well as learned State Counsel and having regard to the facts and circumstances as available on the record including judgment passed by learned trial Court, especially considering the fact that the execution of sentence of one of the co-accused, from whom possession contraband was recovered, has already been suspended by coordinate Bench and themaximum term of sentence is four years, as also considering the judgment passed by Hon’ble Supreme Court in the case of Bhagwan Rama Shinde Gosai (supra), so also considering the fact that no contraband was recovered from the possession of the applicant and he was remained on bail throughout the trial and there is no allegation that he ever misused the liberty of bail or attempted to interfere with the course of justice and looking to the large pendency of criminal appeals before this Court, there is no immediate prospect of this appeal being heard and disposed of in near future, this Court is of the considered opinion that the applicant has available to him strong grounds to assail the impugned judgment of conviction and sentence. Thus, it is a fit case for suspending the sentences awarded to the applicant during pendency of the appeal. 6. Accordingly, this application for suspension of sentence filed under Section 430 BNSS is allowed and it is ordered that the sentences passed by the learned Special Judge, NDPS Cases, Tonk [2026:RJ-JP:24717] (4 of 4) [SOSA-695/2026] (Raj.) vide judgment dated 08.12.2025 in Sessions Case No. 17/2020 against the applicant Mukesh @ Kerda S/o Kalulal shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, provided he executes a personal bond in the sum of Rs.5,00,000/- with two sureties of Rs.2,50,000/- each to the satisfaction of the learned trial Judge for his appearance in the Court on 03.08.2026 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:- 1. That he will appear before the trial Court in the month of January of every year till the appeal is decided. 2. 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. 3. Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court. 7. The learned trial Court shall keep the record of attendance of the accused-applicant in a separate file. Such file be registered as Criminal Misc. Case related to original case in which the accused- applicant was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Criminal Misc. file shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial Court. In case the said accused-applicant does not appear before the trial Court, the learned trial Judge shall report the matter to the High Court for cancellation of bail. (ANIL KUMAR UPMAN),J 366/LALIT MOHAN