Rajasthan High Court – Jodhpur
Umesh Sahu vs State Of Rajasthan (2025:Rj-Jd:28222) on 1 July, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:28222]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1144/2025
Umesh Sahu S/o Deena Sahu, Aged About 44 Years, R/o Seema
Thana Chhadai, District Begusaray (Bihar) Presently R/o Dwarka
Mod Merto Station, Near Pillar Number 781, Police Station Delhi,
Uttam Nagar (Delhi). (Lodged In Central Jail Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Suresh Nehra
For Respondent(s) : Mr. Surendra Bishnoi, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
01/07/2025
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment dated
20.05.2025 passed by the learned Special Judge, NDPS Cases,
Hanumangarh (Additional Sessions Judge No.1, Nohar, District
Hanumangarh) in Sessions Case No.21/2018, whereby he was
convicted and sentenced to suffer maximum imprisonment of 6
years for the offences under Sections 8/21 and 8/22 of the NDPS
Act with fine and default sentences.
2. It is contended that the learned trial Judge has not correctly
appreciated the legal and factual aspects of the matter and thus,
reached at an erroneous conclusion of guilt, therefore, the same is
required to be appreciated again by this court being the first
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appellate Court. Co-accused Neelam has been granted bail.
Hearing of the appeal is likely to take long time, therefore, the
application for suspension of sentence may be granted.
3. Per contra, learned public prosecutor has vehemently
opposed the prayer made by learned counsel for the accused-
applicant for releasing the appellant on application for suspension
of sentence.
4. Heard learned counsel for the parties and perused the
material available on record.
5. Considering the submissions that the recovered contraband
is below commercial quantity; co-accused Neelam has been
granted bail; there is non-compliance of mandatory provisions of
the NDPS Act and provisions of Section 32A and 37 of the NDPS
Act would not come in the way of granting bail to the appellant;
hearing of the appeal would take time and looking to the totality
of facts and circumstances of the case while refraining from
passing any comments on the niceties of the matter and the
defects of the prosecution as the same may put an adverse effect
on hearing of the appeal, this court is of the opinion that it is a fit
case for suspending the sentence awarded to the accused-
appellant.
6. Accordingly, the application for suspension of sentence filed
under Section 389 Cr.P.C. is allowed and it is ordered that the
sentence passed by learned trail court against the appellant-
applicant named above shall remain suspended till final disposal of
the aforesaid appeal and he shall be released on bail provided he
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executes a personal bond in the sum of Rs.50,000/-with two
sureties of Rs.25,000/- each to the satisfaction of the learned trial
Judge for his appearance in this court on 01.08.2025 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.
(FARJAND ALI),J
125-Pramod/-
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