Allowed

Juvenile P @ P S/O B, v. State of Rajasthan

Rajasthan HC10 Oct 2025SOSA/1572/2025

Case brief

AI extract

What is this about?

Juvenile appellant convicted by Children's Court under the NDPS Act sought suspension of his four-year sentence pending appeal. The High Court allowed suspension under Section 430 BNSS, noting he had served over half the sentence and citing Nanhe Lal Verma.

What did the court decide?

Sentence suspended till disposal of appeal; release on bail on personal bond of Rs.1,00,000 with two sureties of Rs.50,000 each, subject to conditions including deposit of fine.

Juvenile P @ P S/O B, Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2025)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. Application for Suspension of Sentence No.1572/2025

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S.B. Criminal Appeal (SB) No.2143/2025

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Juvenile P @ P S/o B, Aged About 19 Years, Resident Of Banvarla P.s. Dangiawas District Jodhpur City East (Raj.). (At Present Lodged In Observation Home, Jodhpur).

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----Appellant

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Versus

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State Of Rajasthan, Rajasthan

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----Respondent

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For Appellant(s)	: Mr.	Chain Singh Rathore
	Mr.	B.R. Godara
For Respondent(s)	: Mr.	Amit Punia,Addl. GA-cum-PP

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JUSTICE ANOOP KUMAR DHAND

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Order

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10/10/2025

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Learned counsel for the accused-appellant submits that the appellant was juvenile at the time of alleged incident, but he has been tried by the Children’s Court and now he has been held guilty for the offences punishable under Section 8/15(B) of the NDPS Act and total four years sentence has been awarded to him. Learned counsel submits that as per the finding of fact recorded by the Children’s Court, there was recovery of 9kg 850 gm Dodha Chura at the instance of the appellant, which is quite less to the commercial quantity. Learned counsel submits that the appellant is in custody since 28.02.2023, hence he has already suffered two years and seven months sentence out of total substantive

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[CRLAS-2143/2025]

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(2 of 4)

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sentence of four years. Learned counsel submits that the Hon’ble Apex Court in the case of Nanhe Lal Verma Vs. State of Madhya Pradesh while deciding Criminal Appeal No.4763/2024 has granted indulgence of suspension of sentence, wherein the accused has served more than half of the sentence. Learned counsel submits that the hearing/disposal of the instant appeal is bound to take its own time, therefore, the sentence awarded to the appellant be suspended till disposal of the appeal.

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Per contra , learned Public Prosecutor opposes the prayer made by counsel for the appellant and submits that the appellant is a habitual offender against whom one more criminal case under Section 8/15 of the NDPS Act has been lodged, hence, under these circumstances, the appellant is not entitled to get benefit of suspension of sentence and this application is liable to be rejected. 3. Heard and considered the submissions made at the Bar and perused the material available on record. 4. Considering the factual aspect of the mater that appellant was juvenile at the time of commission of occurrence and he has already suffered total sentence of two years and seven months out of the total sentence of four years and also considering the proposition of law laid down by the Hon’ble Apex Court in the case of Nanhe Lal Verma (supra) and looking to the fact that hearing/disposal of the instant appeal is bound to take its own time, therefore, this Court is of the opinion that the instant case is a fit case for suspending the sentence awarded to the accusedappellant.

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[CRLAS-2143/2025]

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(3 of 4)

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Accordingly, the application for suspension of sentence filed by the appellant under Section 430 BNSS is allowed and the sentence awarded by the Juvenile Court, Baran in Sessions Case No.106/2023 against the appellant-Juvenile P @ P shall remain suspended till final disposal of the aforesaid appeal, subject to the condition that the appellant shall deposit the fine amount, as imposed by the Trial Court and he shall be released on bail provided he executes a personal bond for the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Court for appearance before this Court on 12.11.2025 and whenever ordered to do so, till the disposal of the appeal on the conditions indicated below:-

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That he shall appear before the trial Court in the month of January of every year till the appeal is decided.

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That if the appellant changes his place of residence and mobile number, he will give in writing his changed address and mobile number to the trial Court as well as to the counsel in the High Court.

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Similarly, if the sureties change their address(s), they will give in writing their changed address to the trial Court.

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Appellant shall deposit a fine amount as imposed by the learned trial Court.

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In case the applicant-appellant is found involved in committing and repeating the same offence again, the State/complainant would be at liberty to move application for cancellation of bail.

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The learned trial Court shall keep the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case relating to original case in which the accusedappellant was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Such Criminal Misc. file

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[CRLAS-2143/2025]

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(4 of 4)

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shall not be taken into account for statistical purpose relating to pendency and disposal of cases in the trial court.

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In case the said accused-appellant does not appear before the trial court and commit any default, the learned trial Judge shall report the matter to the High Court for cancellation of bail.

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(ANOOP KUMAR DHAND),J

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Karan/16

Juvenile P @ P S/O B, v. State of Rajasthan

Case brief

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Juvenile P @ P S/O B, v. State of Rajasthan

Case brief

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