Babulal Son of Phokarram Vs the State of Rajasthan

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 848/2025

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in

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S.B. Criminal Appeal No.1048/2025

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Babulal Son Of Phokarram, Aged About 37 Years, Resident Of Village Bhakri Police Station Rohat, District Pali (Raj) (At Present Confined In Central Jail Jaipur)

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----Petitioner

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Versus

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The State Of Rajasthan, Through P.P.

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----Respondent

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For Petitioner(s)	: Mr. Majhar Hussain
For Respondent(s)	: Mr. Amit Kumar Gupta,Dy.GA/PP

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JUSTICE ANOOP KUMAR DHAND

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Order

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14/10/2025

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Counsel for the appellant submits that in all three accused namely Babulal (the appellant) along with co-accused Bhagirath, Rakesh have faced trial for the offences punishable under Sections 8/18, 8/25 and 8/29 of the NDPS Act before the Court of Special Judge, NDPS Cases, Jaipur Metropolitan-I and all have been found guilty for the above cases and they have been sentenced to undergo ten years imprisonment vide judgment dated 03.05.2023. Counsel submits that sentence of the co-accused Rakesh has been suspended by the Hon’ble Apex Court vide order dated 01.04.2025 while deciding Special Leave to Appeal (Criminal) No.486/2025. Counsel submits that pursuant to the aforesaid order, this Court has suspend the

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[SOSA-848/2025]

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(2 of 4)

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sentence of the co-accused Bhagirath while allowing S.B. Criminal Misc. 4^th Suspension of Sentence Application No.723/2025 vide order dated 15.04.2025. Counsel submits that case of the appellant is at par with the case of co-accused Rakesh and Bhagirath, whose sentence has already been suspended by the Apex Court and by this Court respectively. Counsel submits that the petitioner has already suffered three years and nine months of sentence out to the total sentence of ten years, so the same indulgence be granted to the appellant as well.

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Per contra, learned Public Prosecutor has opposed the prayer.

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Heard and considered the submissions made at the Barand perused the material available on record.

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Considering the arguments put forward by the counsel for the applicant-appellant and looking to the fact that all the three accused have been convicted for the offences punishable under Sections 8/18, 8/25 and 8/29 of the NDPS Act vide judgment dated 03.05.2023 and the sentence awarded to the co-accused Rakesh has been suspended by the Hon’ble Apex Court and sentence of the Bhagirath has been suspended by this Court and looking to the fact that the petitioner has already suffered sentence of three years and nine months and also looking to the fact that disposal of the appeal is likely to take time, therefore, this Court is of the opinion that it is a fit case for suspending the sentence awarded to the accusedappellant.

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[SOSA-848/2025]

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(3 of 4)

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Accordingly, the application for suspension of sentence filed by the applicant-appellant is allowed and the sentence awarded by the Court of Special Judge, NDPS Act Cases, Jaipur Metopolitan-I vide judgment dated 03.05.2023 in Sessions Case No.19/2018 against the appellant- Babulal son of Phokarram 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 in 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 17.11.2025 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 applicant changes the 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 maintain the record of attendance of the accused-appellant in a separate file. Such file be registered as Criminal Misc. Case relating to the original

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[SOSA-848/2025]

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(4 of 4)

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case in which the accused-appellant was tried and convicted. A copy of this order shall also be placed in that file for ready reference. Such Criminal Misc. file 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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KuD/97

Babulal Son of Phokarram v. the State of Rajasthan

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Babulal Son of Phokarram v. the State of Rajasthan

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