Bhanwru Ram vs State Of Rajasthan on 18 July, 2025

Rajasthan High Court – Jodhpur

Bhanwru Ram vs State Of Rajasthan on 18 July, 2025

Author: Farjand Ali

Bench: Farjand Ali

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
      S.B. Criminal Misc. Suspension of Sentence Application
                              No.1372/2025

                                       in

            S.B. Criminal Appeal (Sb) No. 1837/2025

Bhanwru Ram S/o Mula Ram, Aged About 63 Years, R/o Morra ,
Dist. Nagaur. (At Present Lodged In Sub Jail , Merta)
                                                                  ----Appellant
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent


For Appellant(s)         :     Mr. Sunil Fageria, on behalf of Mr.
                               Vikas Bijarnia
For Respondent(s)        :     Mr. S.S. Rathore, DyGA



             HON'BLE MR. JUSTICE FARJAND ALI

Order

18/07/2025

1. The instant application for suspension of sentence under

Section 430 of the BNSS has been moved on behalf of the

appellant-applicant in the matter of judgment of conviction and

order of sentence dated 16.07.2025 passed by the learned Special

Judge, NDPS Cases, Merta in Sessions Case No.12/2020 whereby

he was convicted for the offence under Section 8/15(B) of the

NDPS Act and sentenced to undergo rigorous imprisonment of 7

years and to pay a fine of Rs.75,000/-.

2. It is contended by the learned counsel for the appellant that

the learned trial Judge has not appreciated the correct, legal and

factual aspects of the matter and thus, reached at an erroneous

conclusion of guilt, therefore, the same is required to be

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appreciated again by this court being the first appellate Court. The

appellant has strong arguable case in his favour. 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. The contraband recovered from the appellant is 7 kg doda

chura, which is below the demarcated commercial quantity. The

sentence awarded to the appellant is 7 years’ rigorous

imprisonment. There is submission regarding non-compliance of

mandatory provisions of the NDPS Act, more particularly Sections

42(2), 50, 52A, 55 and 57 of the NDPS Act so also the standing

order No.1/1989 issued by the Government of India. Learned

counsel for the appellant has pointed out number of other

discrepancies too in the prosecution case. Being the first appellate

court, when the appeal has been admitted, this court is duty

bound to make a critical legal and factual appreciation of the

material brought on record. There is no likelihood of hearing of the

appeal on an early date. In the facts and circumstances of the

case, the provisions of Section 32A and 37 of the NDPS Act would

not come in the way of granting bail to the appellant. Thus,

considering the submissions advanced at bar, grounds raised in

the memo of appeal and looking to the totality of facts and

circumstances of the case, while refraining from passing any

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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 430 of the BNSS is allowed and it is ordered that

the sentence passed by learned trial court, details of which are

mentioned in opening para of this order, 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

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 19.08.2025 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

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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
154-Pramod/-

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