Rajasthan High Court – Jodhpur
Neelam vs State Of Rajasthan on 23 May, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:25416 (1 of 3)
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Suspension of Sentence No.1017/2025
in
S.B. Criminal Appeal (Sb) No. 1104/2025
1. Neelam W/o Saleem Malik, Aged About 38 Years, R/o
Dwarka Mod Metro Station, Near Pillar Number 781,
Police Station Delhi, Uttam Nagar (Delhi). (Lodged In
Central Jail Bikaner)
----Appellant
Versus
State Of Rajasthan, Through Its P.P.
----Respondent
For Appellant(s) : Mr. Suresh Nehra
For Respondent(s) : Mr. S.S. Rathore, Dy.G.A.
HON'BLE MR. JUSTICE FARJAND ALI
Order
23/05/2025
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 Additional Sessions Judge No.1,
Nohar, District Hanumangarh in Sessions Case No.21/2018
whereby she was convicted and sentenced to suffer maximum
imprisonment six years’ RI under Section 8/21 of NDPS Act and
lesser punishment for other offences.
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
(Downloaded on 29/05/2025 at 09:31:14 PM)
[2025:RJ-JD:25416 (2 of 3)
appreciated again by this court being the first appellate Court. The
appellant was on bail during trial and did not misuse the liberty so
granted to her; 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 submission of non-compliance of mandatory
provisions of NDPS Act so also considering that Section 32 and 37
of NDPS Act would not come in the way while granting bail as well
as hearing of the appeal would likely to take a long time and
further considering the submission that during the entire course of
trial, she remained on bail and did not misuse the liberty so
granted to her, 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 trial court, the details of which are
provided in the first para of this order, against the appellant-
applicant named above shall remain suspended till final disposal of
the aforesaid appeal and she shall be released on bail provided
that she will execute 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 her appearance in this court on
(Downloaded on 29/05/2025 at 09:31:14 PM)
[2025:RJ-JD:25416 (3 of 3)
23.06.2025 and whenever ordered to do so till the disposal of the
appeal on the conditions indicated below:-
1. That she will appear before the trial Court in the month
of January of every year till the appeal is decided.
2. That if the applicant change the place of residence, she
will give in writing her 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
103-YogeshwarS/-
(Downloaded on 29/05/2025 at 09:31:14 PM)
Powered by TCPDF (www.tcpdf.org)