Bhawani Singh Alias Bhanu Son of Chhotu Singh Vs State of… — Narcotics (NDPS) | Rajasthan HC (2026)

Bhawani Singh Alias Bhanu Son of Chhotu Singh Vs State of… — Narcotics (NDPS) | Rajasthan HC (2026)

What the court decided

AI extract

Outcome

Suspension of sentence till final disposal of S.B. Criminal Appeal No.2289/2024 and release of the applicant-appellants on bail, each to furnish a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned Trial Judge, and to appear before this Court on 09.03.2026 and whenever ordered till disposal of the appeal.

Issue for consideration

Whether the application for suspension of sentence under Section 430 of B.N.S.S. preferred on behalf of the convicted applicant-appellants should be allowed and their sentences suspended during the pendency of S.B. Criminal Appeal No.2289/2024. +1 more

Court's answer

The instant application for suspension of sentence filed under Section 430 of B.N.S.S. is allowed: the sentences awarded to Bhawani Singh alias Bhanu, Sanwarlal and Kalu in Sessions Case No.40/2020 shall remain suspended till final disposal of S.B. Criminal Appeal No.2289/2024, and the applicant-appellants shall be released on bail on furnishing a personal bond of Rs.1,00,000/- each with two sureties of Rs.50,000/- each, and shall appear before this Court on 09.03.2026 and thereafter as ordered.

Ratio / Principle

The Court holds that the condition(s) of Section 37 of the N.D.P.S. Act are duly satisfied, being of the firm opinion to that effect.

Key takeaways

Prolonged custody — the appellants having remained in custody for more than five years — coupled with bleak chances of early disposal of the appeals, was treated as warranting indulgence of bail, consistent with the Supreme Court's approach in Manohar Lal Ainani where a custodial period of more than five years was considered sufficient to grant bail.ratio¶23

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench) — S.B. Criminal Misc Suspension of Sentence Application (Appeal) No.1766/2025 in S.B. Criminal Appeal No.2289/2024 — Applicants Bhawani Singh alias Bhanu, Sanwarlal and Kalu, convicted under Sections 8/15 & 8/18 NDPS Act and sentenced to 10 years' rigorous imprisonment with fine by the Special Judge, NDPS Act No.1, Kekri, District Ajmer (judgment dated 20.07.2024 in Sessions Case No.40/2020) — Application under Section 430 BNSS for suspension of sentence — Appellants in custody for over five years; bleak chances of early disposal of the appeal — Court held the conditions of Section 37 NDPS Act duly satisfied, relying on Supreme Court precedents including Saudan Singh, Satender Kumar Antil and Manohar Lal Ainani (custody exceeding five years considered sufficient for bail) — Sentences suspended till final disposal of the appeal; appellants enlarged on bail on a personal bond of Rs.1,00,000/- each with two sureties of Rs.50,000/- each; appearance fixed for 09.03.2026 — Order dated 09.02.2026 by Vinod Kumar Bharwani, J.

[2026:RJ-JP:5866]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 1766/2025

In

S.B. Criminal Appeal No.2289/2024

Bhawani Singh Alias Bhanu Son Of Chhotu Singh, Aged About 22 Years, Resident Of Govaliya, Police Station Bhinay, District Ajmer. (At Present In Central Jail Ajmer)

Sanwarlal Son Of Siyaram, Aged About 24 Years, Resident Of Village Sawalpura, Police Station Bhinay, District Ajmer. (At Present In Central Jail Ajmer)

Kalu Son Of Chhagne, Aged About 20 Years, Resident Of Village Jorawarpura Pithawas, Police Station Masuda, District Ajmer. (At Present In Central Jail Ajmer)

----Appellants

Versus

State Of Rajasthan, Through P.P.

----Respondent

For Appellant(s)	:	Mr. A.K. Gupta, Sr. Adv. Assisted by Mr. Aniket Sharma,
		Mr. Ashutosh Singh Naruka & Mr. Gorang Agarwal
For Respondent(s)	:	Mr. Jaiprakash Tiwari, PP with Mr. Gaurav Gupta, PP

HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI

Order

09/02/2026

The instant application for suspension of sentence under Section 430 of B.N.S.S. has been preferred on behalf of the applicant-appellants, who have been convicted for the offences under Section(s) 8/15 & 8/18 of NDPS Act and sentenced to undergo 10 years rigorous imprisonment with fine, vide judgment

[SOSA-1766/2025]

[2026:RJ-JP:5866]

(2 of 3)

dated 20.07.2024 passed by learned Special Judge, NDPS Act, No.1, Kekri, District Ajmer, in Sessions Case No.40/2020.

Learned counsel appearing for the applicant-appellants submits that the applicants are behind the bars for more than six years. Counsel further submits that the learned Trial Court has 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-appellants may be suspended during the pendency of the appeal.

The appellants have 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 appeals and if the accused-appellants are not extended indulgence of bail, they are likely to serve out the sentence awarded to them 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.

[2026:RJ-JP:5866]

[SOSA-1766/2025]

(3 of 3)

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

Accordingly, the instant application for suspension of sentence filed under Section 430 of B.N.S.S. is allowed and it is ordered that the sentence awarded by the learned Special Judge, NDPS Act, No.1, Kekri, District Ajmer, in Sessions Case No.40/2020, against the applicant-appellants, namely Bhawani

Singh Alias Bhanu Son Of Chhotu Singh, Sanwarlal Son Of Siyaram & Kalu Son Of Chhagne, shall remain suspended till final disposal of the aforesaid appeal and they shall be released on bail, subject to the condition that each of them 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 their appearance before this Court on 09.03.2026 and whenever they are ordered to do so till the disposal of the appeal.

(VINOD KUMAR BHARWANI),J

SAURABH /29