Rajasthan High Court – Jodhpur
Surendra Saharan vs State Of Rajasthan (2025:Rj-Jd:29861) on 9 July, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:29861]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 1091/2025
Surendra Saharan S/o Late Shri Dailp Kumar, Aged About 30
Years, R/o Ward No. 6, Chak No. 12 Dbl, Rohi Dabali Kallan, P.s.
Talwara, District Hanumangarh, Rajasthan. (Presently Lodged At
District Jail, Hanumangarh)
----Petitioner
Versus
State Of Rajasthan, Through The Govt. Counsel
----Respondent
For Petitioner(s) : Mr. S.D. Goswami
For Respondent(s) : Mr. Surendra Bishnoi, P.P.
HON'BLE MR. JUSTICE FARJAND ALI
Order
09/07/2025
1. The instant application for suspension of sentence has been
moved on behalf of the applicant in the matter of judgment
dated 28.05.2025 passed by the learned Special Judge,
NDPS Cases, Hanumangarh in Sessions (NDPS) Case
No.16/2019 (CIS No.16/2019) whereby he was convicted and
sentenced to suffer maximum imprisonment of 03 years R.I.
and fine of Rs.20,000/- in default of fine two months R.I.
under Section 8/22 of NDPS Act and lesser punishment for
the other offences under Sections 19/54 of the NDPS Act.
2. It is contended on behalf of the applicant 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. He was on bail during trial
and did not misuse the liberty so granted to him and 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 on behalf of the accused-applicant
for releasing the appellant on application for suspension of
sentence.
4. Heard and perused the material available on record.
5. Considering the submissions of learned counsel for the parties
and looking to the totality of facts and circumstances of the
case, more particularly the fact that the accused-applicant
was on bail during the course of trial. The embargo contained
under Sections 32-A and 37 of the NDPS Act are not attracted
in this case and the hearing of appeal is likely to take further
more time and considering the overall submissions 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-applicant.
6. Accordingly, the application for suspension of sentence filed
under Section 430 B.N.S.S. (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
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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 – 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
addresses, 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
138-AnilKC/-
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