Rajasthan High Court – Jaipur
Satish S/O Premsingh vs State Of Rajasthan (2025:Rj-Jp:29971) on 5 August, 2025
[2025:RJ-JP:29971]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1360/2025
Satish S/o Premsingh, Aged About 20 Years, R/o Peepla, Police
Station Chiksana, District Bharatpur ( At Present Confined In
Central Jail Sewar, District Bharatpur).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Rajeev Kumar Sogarwal
For Respondent(s) : Mr. Jaiprakash Tiwari, PP
HON’BLE MR. JUSTICE PRAMIL KUMAR MATHUR
Order
05/08/2025
1. Heard learned counsel for the applicant and learned Public
Prosecutor on the application for suspension of sentence and
perused the material available on record.
2. Learned counsel for the applicant submits that the applicant
was convicted for offence under Section 8/20 of NDPS Act and
sentenced for two and half years. The applicant was on bail during
trial. The recovered contraband from the conscious possession of
the appellant is 1 Kg. 650 gram of Ganja which is marginally
above the small quantity. He submits that the conviction of the
petitioner suffers from various infirmities since provisions of
Section 42, 50, 52A of the NDPS Act have not been complied with.
The applicant has remained in custody as under-trial for 23 days
and at present he is behind bars since 10.7.2025. He further
contended that the disposal of this appeal will take considerable
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time, therefore, this application for suspension of sentence may be
allowed and appellant be released on bail.
3. Learned Public Prosecutor has vehemently opposed the
application for suspension of sentence.
4. Taking into consideration all the facts and circumstances of
the case and the material available on record and especially the
fact that contraband involved is 1.650 Kg. Ganja which is
marginally above the small quantity so also the arguments
advanced by learned counsel for the appellant, but without
expressing any opinion on merits of the case, I am inclined to
suspend the sentence of the applicant-Satish S/o Premsingh R/o
Peepla, Police Station Chiksana, District Bharatpur, awarded by
Special Judge, N.D.P.S. Act Cases, Bharatpur vide judgment dated
10.7.2025 in Special Session Case No.32/2021 (CIS No.33/2021).
5. It is, therefore, ordered that the sentence of the applicant
shall remain suspended till disposal of the appeal and he shall be
released on bail, provided he furnishes a personal bond in the sum
of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each,
to the satisfaction of the trial Court to the effect that he shall
appear before this Court on 09.09.2025 and as and when called
upon to do so.
6. The application is accordingly disposed of.
(PRAMIL KUMAR MATHUR),J
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