Rajasthan High Court
SOSA/1315/2026 of DHARMICHAND S/O RATANLAL Vs STATE OF RAJASTHAN on 21 August 2026
JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Suspension Of Sentence Application (Appeal) No. 1315/2026 CNR: RJHC020585862026 | URN: SOSA / 2408U / 2026 In S.B. Criminal Appeal No.1430/2026 1. Dharmichand S/o Ratanlal, Aged About 39 Years, Resident Of Morajhadi, Police Station
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Suspension Of Sentence Application (Appeal)
No. 1315/2026
CNR: RJHC020585862026 | URN: SOSA / 2408U / 2026
In
S.B. Criminal Appeal No.1430/2026
1.
Dharmichand S/o Ratanlal, Aged About 39 Years, Resident Of Morajhadi, Police Station Nasirabad Sadar, District Ajmer Rajasthan. (At Present In District Jail, Ajmer)
2.
Raju @ Teju S/o Harikishan, Aged About 27 Years, Resident Of Barol, Police Station Borada, District Ajmer (Rajasthan) (At Present In District Jail, Ajmer).
----Appellants
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s)
:
Mr. Rajaram Choudhary
Ms. Sonali Kharra
For Respondent(s)
:
Mr. Sudesh Kumar Saini, PP with
Mr. Navdeep Singh, PP
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
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Order
21/08/2026 Instant application for suspension of sentence has been preferred on behalf of the applicant-appellants, to suspend the sentence awarded by the Court of learned Special Judge, NDPS Cases No.1, Kekri, District Ajmer (Raj.) vide its judgment dated 16.06.2026 in Sessions Case No.16/2020, whereby the applicant- appellants were convicted for the alleged offence(s) & sentenced to undergo maximum period of seven years rigorous imprisonment with fine.
(2 of 3) [SOSA-1315/2026] Learned counsel appearing for the applicant-appellants submits that the appellants remained some time in judicial custody during the course of the trial, subsequently, enlarged on bail and, presently, they are behind the bars since 16.06.2026. Counsel further submits that only 3 kilograms of (doda post) was recovered and the sentence of seven years’ imprisonment awarded to the accused persons are, in the facts and circumstances of the case, excessively harsh and disproportionate to the quantity allegedly recovered. Counsel further submits that no other cases are pending against the present appellants and the learned Trial Court has not appreciated the facts & circumstances of the case holistically and the hearing of the appeal will take its own time, hence, the sentence awarded to the applicant- appellants may be suspended during the pendency of the appeal. Learned Public Prosecutor has vehemently opposed the submissions made herein-above. Heard learned counsel for the parties and perused the material made available on record. Looking to the overall facts & circumstances of the case and the submissions made at bar and without commenting upon the merits of the case, this Court deems it just and proper to suspend the sentence awarded to the applicant-appellants during the pendency of the appeal. Accordingly, the application for suspension of sentence is allowed and it is, hereby, ordered that the execution of sentence awarded to accused-applicants, namely Dharmichand S/o Ratanlal & Raju @ Teju S/o Harikishan, by the learned Trial
(3 of 3) [SOSA-1315/2026] Court shall remain suspended during pendency of the appeal, provided each of them furnish a personal bond in the sum of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned Trial Court with the stipulation that they shall appear before this Court on 22.09.2026 and thereafter, as and when they are called upon to do so. (VINOD KUMAR BHARWANI),J 105/SAURABH