Lakhan Singh Son of Shri Bachchu Singh Vs State of… — Narcotics (NDPS) | Rajasthan HC (2026)

Lakhan Singh Son of Shri Bachchu Singh Vs State of… — Narcotics (NDPS) | Rajasthan HC (2026)

What the court decided

AI extract

Outcome

Application under Section 389 Cr.P.C. allowed: sentence awarded in Sessions Case No.05/2017 suspended till final disposal of S.B. Criminal Appeal No.1515/2023; applicant-appellant Lakhan Singh to be released on bail on furnishing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each, to appear before this Court on 12.03.2026 and whenever ordered till disposal of the appeal.

Issue for consideration

Whether the sentence awarded to the applicant-appellant should be suspended during the pendency of the appeal, given his prolonged custody (over five years ten months) and bleak chances of early disposal of the appeal. +1 more

Court's answer

Following the Supreme Court's approach (including Manohar Lal Ainani, supra, where custody of more than five years was considered sufficient for bail), a custodial period of more than five years was treated as sufficient; with bleak chances of early disposal of the appeal, non-release would likely mean the appellant serving out the Trial Court sentence.

Ratio / Principle

The Court was firmly of the opinion that the conditions of Section 37 of the N.D.P.S. Act were duly satisfied.

Key takeaways

On the overall facts and circumstances, this was a fit case to enlarge the applicant-appellant on bail by suspending his sentence during the pendency of the appeal.ratio¶23

Detailed headnote1 paragraphs

CRIMINAL - SUSPENSION OF SENTENCE - S.389 CR.P.C. - NDPS ACT. Applicant-appellant convicted under Sections 8/20 NDPS Act and sentenced to 10 years rigorous imprisonment with fine by the Special Judge (NDPS Cases), Alwar (Sessions Case No.05/2017, judgment dated 14.11.2022), sought suspension of sentence during pendency of S.B. Criminal Appeal No.1515/2023. Having remained in custody for more than five years ten months, and invoking Supreme Court precedents on bail for prolonged custody (Saudan Singh; Satender Kumar Antil; Manohar Lal Ainani, in which custody above five years was deemed sufficient), and with bleak chances of early disposal of the appeal, the Court found the conditions of Section 37 NDPS Act duly satisfied, held this a fit case for bail, allowed the application, suspended the sentence till final disposal of the appeal, and directed release on a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each, with appearance fixed for 12.03.2026. (High Court of Judicature for Rajasthan, Jaipur Bench; order dated 12/02/2026; Vinod Kumar Bharwani, J.)

[2026:RJ-JP:6609]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 117/2024

In

S.B. Criminal Appeal No.1515/2023

Lakhan Singh Son Of Shri Bachchu Singh, Aged About 31 Years, Resident Of Nithari Police Station Malakhera District Alwar (Raj) (Presently Confined In District Jail Alwar)

----Appellant

Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s)	: Mr. Rajveer Singh Gurjar
For Respondent(s)	: Mr. Jaiprakash Tiwari, PP with
	Mr. Gaurav Gupta, PP

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

12/02/2026

The instant application for suspension of sentence under Section 389 of Cr.P.C. has been preferred on behalf of the applicant-appellant, who has been convicted for the offence under Section(s) 8/20 of NDPS Act and sentenced to undergo 10 years rigorous imprisonment with fine, vide judgment dated 14.11.2022 passed by learned Special Judge, (NDPS Cases), Alwar (Raj.), in Sessions Case No.05/2017.

Learned counsel appearing for the applicant-appellant submits that the applicant is behind the bars from more than five years ten months. Counsel further submits that the appellant has a sufficient grounds for acquittal and the learned Trial Court has

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[SOSA-117/2024]

not appreciated the facts and circumstances of the case holistically and the hearing of the appeal will take its own time, hence, the sentence awarded to the applicant-appellant may be suspended during the pendency of the appeal.

The appellant has remained in custody for more than five years. Hon’ble the Supreme Court had considered the concept of grant of bail on account of prolonged custody in the cases of Saudan Singh vs State of Uttar Pradesh {Petition for Special Leave to Appeal (Crl.) No.4633/2021 decided on 05.10.2021}, Satender Kumar Antil v. Central Bureau of Investigation & Ors. [MANU/SC/0851/2022] and Manohar Lal Ainani vs State of Rajasthan and Anr. {Petition for Special leave to Appeal (Crl.) No.2893/2021 decided on 15.11.2021} .

In the case of Manohar Lal (supra) , the custodial period of more than five years was considered sufficient to grant bail to the said accused. There are bleak chances of early disposal of the appeal and if the accused-appellant is not extended indulgence of bail, he is likely to serve out the sentence awarded to him by the Trial Court. As a consequence, I am of the firm opinion that condition(s) of Section 37 of the N.D.P.S. Act, is duly satisfied.

In this background and having regard to the overall facts and circumstances of the case, this Court is of the opinion that this is a fit cases to enlarge the applicant-appellant on bail by suspending his sentence during the pendency of the appeal.

Accordingly, the instant application for suspension of sentence filed under Section 389 of Cr.P.C. is allowed and it is

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ordered that the sentence awarded by the learned Special Judge, (NDPS Cases), Alwar (Raj.), in Sessions Case No.05/2017, against the applicant-appellant, namely Lakhan Singh Son Of Shri Bachchu Singh, shall remain suspended till final disposal of the aforesaid appeal and he shall be released on bail, subject to the condition that he shall furnish 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 Judge for his appearance before this Court on 12.03.2026 and whenever he is ordered to do so till the disposal of the appeal.

(VINOD KUMAR BHARWANI),J

SAURABH /20