ORDER :

Sudhansu Jyoti Mukhopadhaya, J.

Leave granted.

2. This appeal has been preferred by the appellant against the order dated 13th September, 2013 passed by the High Court of Madhya Pradesh Bench at Indore in Criminal Appeal No. 636 of 2009. By the impugned order, the High Court refused to suspend the sentence and grant bail. The learned counsel appearing on behalf of the appellant submitted that the appellant has been convicted for the offence under Sections 8/15, 8/25 of NDPS Act by the Trial Court and to undergo rigorous imprisonment of ten years and out of which he has already spent more than eight years in custody.

3. The learned counsel appearing on behalf of the respondent submits that 24.22 quintal of poppy-straw was recovered from the appellant and, therefore, he was convicted for the offence.

4. Having heard the learned counsel for the parties and taking into consideration the facts and circumstances of the case, we allow the prayer, set aside the impugned order dated 13.09.2013 passed by the High Court of Madhya Pradesh in Criminal Appeal No. 636 of 2009, suspend the sentence and enlarge the appellant on bail in connection with Special S.T. No. 101 of 2008 subject to his